[Federal Register Volume 84, Number 84 (Wednesday, May 1, 2019)]
[Notices]
[Pages 18630-18634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08862]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Submission Deadline for Schedule Information for John 
F. Kennedy International Airport, Los Angeles International Airport, 
Newark Liberty International Airport, and San Francisco International 
Airport for the Winter 2019/2020 Scheduling Season; Suspension of Level 
2 at Chicago O'Hare International Airport

AGENCY: Department of Transportation, Federal Aviation Administration 
(FAA).

ACTION: Notice of submission deadline.

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SUMMARY: Under this notice, the FAA announces the submission deadline 
of May 16, 2019, for winter 2019/2020 flight schedules at John F. 
Kennedy International Airport (JFK), Los Angeles International Airport 
(LAX), Newark Liberty International Airport (EWR), and San Francisco 
International Airport (SFO). The deadline coincides with the schedule 
submission deadline for the International Air Transport Association 
(IATA) Slot Conference for the winter 2019/2020 scheduling season. The 
FAA is suspending the Level 2 (runway) designation at Chicago O'Hare 
International Airport (ORD) for the winter 2019/2020 season; therefore, 
schedules will not need to be submitted to the FAA for service to/from 
ORD. This notice also reminds carriers of the upcoming deadline to 
comply with Automatic Dependent Surveillance-Broadcast Out (``ADS-B 
Out'') equipage requirements and advises carriers of the potential 
consequences of non-equipage.

DATES: Schedules must be submitted no later than May 16, 2019.

ADDRESSES: Schedules may be submitted by mail to the Slot 
Administration Office, AGC-200, Office of the Chief Counsel, 800 
Independence Avenue SW, Washington, DC 20591; facsimile: 202-267-7277; 
or by email to: 7-AWA-slotadmin@faa.gov.

FOR FURTHER INFORMATION CONTACT: Bonnie C. Dragotto, Manager (Acting), 
Slot Administration, Federal Aviation Administration, 800 Independence 
Avenue SW, Washington, DC 20591; telephone (202) 267-3808; email 
Bonnie.Dragotto@faa.gov.

SUPPLEMENTARY INFORMATION: This document provides routine notice to 
carriers serving capacity-constrained airports in the United States, 
announces updates to schedule submission procedures that will better 
reflect operational conditions at those airports, and provides 
information regarding the upcoming ADS-B Out compliance deadline. The 
FAA routinely reviews

[[Page 18631]]

operational performance at capacity-constrained airports and only 
applies scheduling limits or procedures for reviewing schedules, as 
needed. The FAA will temporarily suspend the Level 2 designation for 
ORD, effectively reverting to Level 1 for the upcoming Winter 2019/2020 
scheduling season. The FAA's review of the Level 2 designations at LAX, 
ORD, and SFO is ongoing.

General Information for All Airports

    The FAA has previously designated EWR, LAX, ORD, and SFO as IATA 
Level 2 airports \1\ and JFK as an IATA Level 3 airport consistent with 
the Worldwide Slot Guidelines (WSG). The FAA currently limits scheduled 
operations at JFK by order until October 24, 2020.\2\
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    \1\ These designations will remain effective at these airports 
until the FAA announces a change in the Federal Register. This 
notice suspends ORD on a trial basis for the winter 2019/2020 
scheduling season.
    \2\ Operating Limitations at John F. Kennedy International 
Airport, 73 FR 3510 (Jan. 18, 2008), as amended 83 FR 46865 (Sep. 
17, 2018).
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    The FAA is primarily concerned about scheduled and other regularly 
conducted commercial operations during peak hours, but carriers may 
submit schedule plans for the entire day. At LAX and SFO, the peak 
hours for the winter 2019/2020 scheduling season are from 0600 to 2300 
Pacific Time (1400 to 0700 UTC), and at EWR and JFK from 0600 to 2300 
Eastern Time (1100 to 0400 UTC). These hours are unchanged from 
previous scheduling seasons. Carriers should submit schedule 
information in sufficient detail including, at minimum, the marketing 
or operating carrier, flight number, scheduled time of operation, 
frequency, aircraft equipment, and effective dates. IATA standard 
schedule information format and data elements for communications at 
Level 2 and Level 3 airports in the IATA Standard Schedules Information 
Manual (SSIM) Chapter 6 may be used. The WSG provides additional 
information on schedule submissions at Level 2 and Level 3 airports.
    The U.S. winter scheduling season is from October 27, 2019, through 
March 28, 2020, in recognition of the IATA northern winter scheduling 
period. The FAA understands there may be differences in schedule times 
due to different U.S. daylight saving time dates and will accommodate 
these differences to the extent possible.
    As stated in the WSG, schedule facilitation at a Level 2 airport is 
based on schedule adjustments mutually agreed between the airlines and 
the facilitator; the intent is to avoid exceeding the airport's 
coordination parameters; the concepts of historic precedence and series 
of slots do not apply at Level 2 airports; and the facilitator should 
adjust the smallest number of flights by the least amount of time 
necessary to avoid exceeding the airport's coordination parameters. 
Consistent with the WSG, the success of Level 2 in the U.S. depends on 
the voluntary cooperation of all carriers.
    The FAA considers several factors and priorities as it reviews 
schedule requests at Level 2 airports, which are consistent with the 
WSG, including--services from the previous equivalent season over new 
demand for the same timings, services that are unchanged over services 
that plan to change time or other capacity relevant parameters, 
introduction of year-round services, effective period of operation, 
regularly planned operations over ad hoc operations, and other 
operational factors that may limit a carrier's timing flexibility. In 
addition to applying these Level 2 priorities from the WSG, the U.S. 
Government has adopted a number of measures and procedures to promote 
competition and new entry at U.S. slot controlled and schedule 
facilitated airports.
    At Level 2 airports, the FAA seeks to improve communications with 
carriers and schedule facilitators on potential runway schedule issues 
or terminal and gate issues that may affect the runway times. The FAA 
also seeks to reduce the time that carriers consider proposed offers on 
schedules. Retaining open offers for extended periods of time may delay 
the facilitation process for the airport. Reducing this delay is 
particularly important to allow the FAA to make informed decisions at 
airports where operations in some hours are at or near the scheduling 
limits. The agency recognizes that there are circumstances that may 
require some schedules to remain open. However, the FAA expects to 
substantially complete the review process on initial submissions each 
scheduling season within 30 days of the end of the Slot Conference. 
After this time, the agency would confirm the acceptance of proposed 
offers, as applicable, or issue a denial of schedule requests. At Level 
3 airports, the FAA follows the slot offer and acceptance procedures 
set forth in the WSG.
    Slot management in the United States differs in some respect from 
procedures in other countries. In the United States, the FAA is 
responsible for facilitation and coordination of runway access for 
takeoffs and landings at Level 2 and Level 3 airports; however, the 
airport authority or its designee is responsible for facilitation and 
coordination of terminal/gate/airport facility access. The process with 
the individual airports for terminal access and other airport services 
is separate from, and in addition to, the FAA schedule review based on 
runway capacity. Approval from the FAA for runway availability and the 
airport authority for airport facility availability is necessary before 
implementing schedule plans. Contact information for Level 2 and Level 
3 airports is available at http://www.iata.org/policy/slots/Pages/slot-guidelines.aspx.
    Generally, the FAA uses average hourly runway capacity throughput 
for airports and performance metrics in its schedule review at Level 2 
airports and for the scheduling limits at Level 3 airports.\3\ The FAA 
also considers other factors that can affect operations, such as 
capacity changes due to runway, taxiway, or other airport construction, 
air traffic control procedural changes, airport surface operations, and 
historical or projected flight delays and congestion.
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    \3\ The FAA typically determines an airport's average adjusted 
runway capacity or throughput for Level 2 and Level 3 airports by 
reviewing hourly data on the arrival and departure rates that air 
traffic control indicates could be accepted for that hour, commonly 
known as ``called'' rates. The FAA also reviews the actual number of 
arrivals and departures that operated in the same hour. Generally, 
the FAA uses the higher of the two numbers, called or actual, for 
identifying trends and schedule review purposes. Some dates are 
excluded from analysis, such as during periods when extended airport 
closures or construction could affect capacity.
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    Finally, the FAA notes that the schedule information submitted by 
carriers to the FAA may be subject to disclosure under the Freedom of 
Information Act (FOIA). The WSG also provides for release of 
information at certain stages of slot coordination and schedule 
facilitation. In general, once it acts, the FAA may release information 
on slot allocation or similar slot transactions or schedule information 
reviewed as part of the schedule facilitation process. The FAA does not 
expect that practice to change and most slot and schedule information 
would not be exempt from release under FOIA. The FAA recognizes that 
some carriers may submit information on schedule plans that is not 
available to the public and may be considered by the carrier to be 
proprietary. Carriers that submit slot or schedule information deemed 
proprietary should clearly mark such information accordingly. The FAA 
will take the necessary steps to protect properly designated 
information to the extent allowable by law.

[[Page 18632]]

JFK Schedules

    The Port Authority of New York and New Jersey (PANYNJ) plans 
construction on JFK Runway 13L/31R that will close the runway from 
April 1, 2019, through November 15, 2019. The FAA developed an 
operational ``playbook'' for runway configurations that would be used 
under various weather and operating conditions while Runway 13L/31R is 
closed. The FAA will continue to work closely with the airport, 
carriers, and other operators to efficiently manage operations. The 
PANYNJ meets regularly with carriers and other stakeholders to discuss 
construction plans and consults with the FAA and local air traffic 
control facilities to minimize operational impacts. Carriers should 
contact the PANYNJ for the latest information on airport construction 
plans.

EWR Schedules

    The FAA is continuing to monitor operations and delays at EWR and 
to identify ways to improve performance metrics and operational 
efficiency, and achieve delay reductions in a Level 2 environment. 
Demand for access to EWR and the New York City area remains high. 
Recent requests for flights at EWR have exceeded the scheduling limits 
in the early morning and for multiple hours in the afternoon and 
evening from 1300-2159 Eastern Time. The FAA has regularly advised 
carriers that it would not be able to accommodate requests for new or 
retimed operations into peak hours and worked with carriers to identify 
alternative times that were available. In some cases, carriers have 
been able to swap with other carriers for their preferred times. 
Carriers may continue to seek swaps in order to operate within the 
peak, but are ultimately expected to operate according to the FAA's 
approved runway times. The FAA also continues to seek the voluntary 
cooperation of all carriers operating in peak hours to retime 
operations out of the peak to meet the scheduling limits described 
below and improve performance at EWR, benefitting all carriers and 
passengers.
    For the winter 2019/2020 season, the hourly scheduling limit 
remains at 79 operations and 43 operations per half-hour. To help with 
a balance between arrivals and departures, the maximum number of 
scheduled arrivals or departures, respectively, is 43 in an hour and 24 
in a half-hour. This would allow some higher levels of operations in 
certain periods (not to exceed the hourly limits) and some recovery 
from lower demand in adjacent periods. The FAA will accept flights 
above the limits if the flights were operated on a regular basis in 
winter 2018/2019, but again, the FAA seeks cooperation of carriers to 
retime operations out of the peak period. Additionally, the FAA will 
consider whether demand exceeds the limits in adjacent periods and 
consider average demand before determining whether there is 
availability for new flights in a particular period. However, the 
operational performance of the airport is unlikely to improve unless 
peak demand is reduced and schedules are adjusted within the airport's 
arrival and departure limits.
    The FAA notes that despite efforts to facilitate voluntary 
scheduling cooperation at EWR, and reductions in the hourly scheduling 
limits,\4\ there are periods when the demand in half-hours or 
consecutive half-hours exceeds the optimum runway capacity and the 
scheduling limits in this notice. The imbalance of scheduled arrivals 
and departures in certain periods has contributed to increased 
congestion and delays when the demand exceeds the arrival or departure 
rates. In particular, retiming a minimal number of arrivals in the 
early afternoon hours from the 1400 local hour to the 1300 and 1200 
hours could have significant delay reduction benefits.
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    \4\ The FAA has reduced the hourly scheduling limits from 81 per 
hour to 79 and effective with the winter 2018/2019 season, applied 
additional half-hour and arrival and departure limits. The FAA 
explained that operations approved previously at the higher limits 
and operated in the prior season would be accepted by the FAA even 
if they were above the limits, but new flights would not be approved 
above the current scheduling limits. The FAA continues to encourage 
carriers to retime flights to less congested periods to keep 
operations at or below the new scheduling limit to improve 
performance at the airport.
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    Based on historical demand, the FAA anticipates the 0700 to 0859 
and 1330 to 2059 local hours to be unavailable for new flights and very 
limited availability is expected for new flights in the 2100 local 
hour. Consistent with the WSG, carriers should be prepared to adjust 
schedules to meet the hourly limits in order to minimize potential 
congestion and delay. Carriers are again reminded that runway approval 
must be obtained from the FAA in addition to any requirements for 
approval from airport terminal or other facilities prior to operation.

EWR Reference Identification Numbers for Administrative Tracking 
Purposes

    At U.S. slot controlled airports,\5\ the FAA typically assigns slot 
identification numbers for administrative tracking purposes, primarily 
to U.S. and Canadian carriers, rather than tracking slot allocations by 
flight number. Using slot identification numbers has reduced the burden 
for the carriers and the FAA to update allocation records at Level 3 
airports based on changes to flight number, scheduled time within the 
same slot window, aircraft type, and similar changes that do not impact 
the FAA's runway slot allocation. In addition, the identification 
number allows carriers to specify a slot for transfer or swap purposes 
and for the FAA and carriers to have a common reference for determining 
slot allocations at any given point. Most of the larger slot holders 
have slot software that uses the slot identification number to manage 
the carrier's slot portfolio, schedule and comparisons, actual 
operations and usage, and related functions.
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    \5\ Currently, JFK is the only U.S. airport designated as a 
Level 3 under the WSG. The FAA previously designated ORD and EWR as 
Level 3 before changing the designation to Level 2. In addition, the 
FAA has adopted slot controls at LaGuardia Airport and Ronald Reagan 
Washington National Airport.
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    As indicated previously, the demand at EWR is at or above the 
current scheduling limits in multiple hours. The FAA has worked with 
carriers to limit flights in the busiest hours, but has accepted 
flights above the reduced scheduling limits if operated in the previous 
equivalent scheduling season. The FAA has determined that since the 
majority of operations at EWR are conducted by U.S. and Canadian 
carriers, using an administrative tracking number similar to the slot 
identification number for operations conducted by these carriers would 
provide administrative benefits without creating any significant 
burden. Using such ``reference identification (ID) numbers'' under 
Level 2 is expected to help carriers manage and track their prior 
season schedules and operations when submitting requests for subsequent 
seasons, facilitate swaps between carriers when the FAA is unable to 
accommodate schedule changes, and allow streamlined tracking and 
reporting of scheduled activity at the airport. The FAA will begin to 
offer this alternative reference ID tracking process to carriers on a 
voluntary basis beginning with the winter 2019/2020 season. There are 
no required changes to the schedule and data exchange process and 
carriers can continue to use the current WSG and IATA SSIM Chapter 6 
formats. The FAA may assign reference ID numbers to operations of 
carries that do not opt into the use of reference IDs for FAA's 
internal tracking purposes, as appropriate.

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    The implementation of reference IDs at EWR is for administrative 
tracking purposes only and does not reflect a change in policy for 
Level 2 at EWR. The FAA has discussed the planned use of reference ID 
numbers at EWR with a number of U.S. and Canadian carriers at the IATA 
Slot Conference held in November 2018 and a subsequent conference 
hosted by Airlines for America. Carriers may notify the FAA Slot 
Administration Office by email at [email protected] of their 
intent to use reference ID numbers. Notification in advance of the 
schedule submission deadline for winter 2019/2020 implementation is 
preferred. The FAA will work with individual carriers that opt to 
participate by providing the alternative reference ID numbers to use 
for baseline schedules and proposed changes for the winter 2019/2020 
season.

Level 2 Updates

    The FAA is reviewing the Level 2 designations based on runway 
capacity at ORD, LAX, and SFO to determine if the designations continue 
to be necessary for future scheduling seasons. Preliminary data 
reflects that scheduled demand is within typical capacity at these 
airports. However, additional considerations may warrant continuing the 
Level 2 schedule review process. The FAA intends to conduct additional 
modeling and analysis, as appropriate, in the coming months to assess 
whether continuing Level 2 at these airports would provide substantive 
benefits to the traveling public by reducing potential runway 
congestion and delay. The FAA also intends to engage in the coming 
months with airport operators, carriers, and other stakeholders at the 
respective airports to discuss the Level 2 process. The FAA is not 
proposing any changes to the Level 2 designation at EWR in this notice.
    The FAA designated SFO as Level 2 effective in 2012 as a result of 
low on time performance relative to other airports, expected growth in 
scheduled demand, and runway construction.\6\ LAX was designated Level 
2 in 2015 based on multiple runway construction projects that were 
planned through 2018.\7\ LAX has additional runway construction planned 
for January to May 2021 and the FAA's review of whether to continue 
Level 2 at LAX will include consideration of the potential to manage 
congestion and delay during that closure using the schedule review 
process.
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    \6\ Submission Deadline for Schedule Information for San 
Francisco International Airport for the Summer 2012 Scheduling 
Season, 76 FR 64163 (Oct. 17, 2011).
    \7\ Notice of Submission Deadline for Schedule Information for 
Los Angeles International Airport for the Summer 2015 Scheduling 
Season, 80 FR 12253 (Mar. 6, 2015).
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    The FAA designated ORD as Level 2 in 2008 to allow for a smoother 
transition as Level 3 was phased out due to increased capacity from the 
opening of a new runway in November 2008.\8\ The FAA concluded that 
Level 2 was necessary to facilitate the scheduling of operations so 
that the airport would not suffer from periods of overscheduling as it 
adjusts to new capacity and as modernization plans continued. The 
O'Hare Modernization Program added new runways and realigned previously 
intersecting runways. The typical hourly runway capacity has increased 
from the 180's when the airport was Level 3 to 214 currently.
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    \8\ Notice of Submission Deadline for Schedule Information for 
O'Hare International, John F. Kennedy International, and Newark 
Liberty International Airport for the Summer 2009 Scheduling Season, 
73 FR 54659 (Sep. 22, 2008).
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    The FAA has determined to suspend the ORD Level 2 designation for 
the winter 2019/2020 scheduling season while it continues its review. 
Scheduled demand has remained within the typical runway capacity and 
winter season schedules are typically below the peak summer schedules. 
The FAA is not aware of upcoming plans by any carriers to make major 
schedule bank changes that could significantly increase peaking or 
exceed the airport's capacity. This trial suspension for the winter 
2019/2020 scheduling season will reduce the burden associated with the 
schedule submission and administrative review process. The FAA's 
suspension is for runway review only and does not change the airport's 
Level 2 Terminal designation. Carriers must continue to work with the 
terminal facilitator on schedule review consistent with prior seasons.
    The FAA's review of the Level 2 designations at LAX, ORD, and SFO 
is expected to be completed during summer 2019 and additional 
information, including any changes to the current designations at these 
airports, would be announced in the schedule submission notice for the 
summer 2020 season.

ADS-B Out Compliance

    In 2010, the FAA issued a final rule prescribing equipage 
requirements and performance standards for ADS-B Out equipment on 
aircraft operating in certain airspace after January 1, 2020.\9\ ADS-B 
Out equipment is an advanced surveillance technology that makes an 
aircraft's precise position readily available to ground stations and 
other aircraft. The technology combines an aircraft's positioning 
source, aircraft avionics, and a ground infrastructure to create an 
accurate surveillance interface between aircraft and air traffic 
control (ATC). Use of ADS-B Out will move ATC from a radar-based system 
to an aircraft location system based on satellite-derived position and 
velocity.
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    \9\ Final Rule, Automatic Dependent Surveillance-Broadcast (ADS-
B) Out Performance Requirements to Support Air Traffic Control 
(ATC), 75 FR 30160 (May 28, 2010).
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    The FAA published an additional Statement of Policy for 
Authorizations to Operators of Aircraft That are Not Equipped With 
Automatic Dependent Surveillance-Broadcast (ADS-B) Out Equipment on 
April 1, 2019.\10\ All carriers are strongly urged to review the 
requirements of 14 CFR 91.225 and the April 1, 2019, notice. The FAA 
expects that scheduled operators routinely operating into ADS-B Out 
airspace have made plans to equip aircraft for operation in ADS-B Out 
airspace in time for the January 1, 2020, deadline and these operators 
should not expect to obtain authorizations for non-equipped aircraft. 
While a scheduled operator may request a deviation from the ADS-B Out 
equipage requirements on a per operation basis in accordance with Sec.  
91.225(g), it is unlikely that the FAA will issue repeated 
authorizations to deviate from ADS-B Out equipage requirements. Relying 
solely on an ATC authorization--which may not be granted--to operate a 
non-equipped aircraft in ADS-B Out airspace would put scheduled 
operations in jeopardy. In addition, unscheduled operators with a need 
to access this airspace on more than an occasional basis should equip 
with ADS-B Out to ensure no disruption to operations. Given the complex 
and dynamic nature of operations within ADS-B airspace, it is unlikely 
that ATC will prioritize authorization requests for unequipped aircraft 
over providing air traffic services to aircraft equipped with ADS-B 
Out.
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    \10\ 84 FR 12062. This notice explains how ATC will manage Sec.  
91.225(g) and issue authorizations to operators of aircraft that 
have not equipped with ADS-B Out.
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    At slot controlled airports in the U.S., any carrier that does not 
equip in accordance with 14 CFR 91.225 could risk loss of allocated 
slots if minimum slot usage requirements are not met.\11\ Slot holders 
are expected to fully comply with all applicable U.S. aviation 
regulations. The FAA will not issue waivers of the minimum usage 
requirements for failure to equip or

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obtain an authorization as required by FAA regulation.\12\ At Level 2 
airports in the U.S., the baseline for future corresponding seasons 
will continue to depend on actual operations into the airport. A 
scheduled operation that is not completed due to failure to equip or 
obtain an authorization will not count toward the carrier's baseline 
operations for the following corresponding season.
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    \11\ See e.g. supra, note 2.
    \12\ Id. at 46867 (The Administrator of the FAA may waive the 
80% usage requirement in the event of a highly unusual and 
unpredictable condition which is beyond the control of the carrier 
and which affects carrier operations for a period of five 
consecutive days or more).

    Issued in Washington, DC, on April 25, 2019.
Virginia Boyle,
Deputy Vice President (Acting), System Operations Services.
[FR Doc. 2019-08862 Filed 4-30-19; 8:45 am]
 BILLING CODE 4910-13-P


