[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Rules and Regulations]
[Pages 79245-79247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27967]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93


Construction Related Relief Concerning Operations at Ronald 
Reagan Washington National Airport, John F. Kennedy International 
Airport, and LaGuardia Airport, and Newark Liberty International 
Airport, April 1, 2023, Through November 30, 2023

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

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

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SUMMARY: This action grants a limited, conditional waiver of the 
minimum slot usage requirements at Ronald Reagan Washington National 
Airport (DCA) due

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to runway construction and closures at the airport in 2023 and for 
impacted flights between DCA and slot-controlled airports John F. 
Kennedy International Airport (JFK) and LaGuardia Airport (LGA). In 
addition, the FAA will provide similar limited, conditional relief at 
Newark Liberty International Airport (EWR) under the FAA's Level 2 
schedule facilitation process.

DATES: The usage waiver and policies in this notification are effective 
on December 27, 2022 and apply from April 1, 2023, through November 30, 
2023.

ADDRESSES: Requests may be submitted by mail to the Slot Administration 
Office, System Operations Services, AJR-0, Room 300W, 800 Independence 
Avenue SW, Washington, DC 20591, or by email to: [email protected].

FOR FURTHER INFORMATION CONTACT: For questions concerning this 
notification contact: Al Meilus, Slot Administration and Capacity 
Analysis, FAA ATO System Operations Services, AJR-G5, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone 202-264-0568; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Metropolitan Washington Airports Authority (MWAA) plans 
airfield and runway construction at DCA beginning in 2023 and 
continuing into 2024. The main Runway 1-19 will be closed nightly from 
approximately May 1, 2023, through October 15, 2023, from 11:00 p.m. to 
5:59 a.m. Eastern Time on weekdays and potentially on weekends 
depending on the construction project's progress. Runway 4-22 will be 
closed nightly and open for Runway 4 daytime departures only for the 
duration of the construction project. Runway 15-33 will have nightly 
closures in late April 2023 and again in mid-June to late July 2023, 
including the intersection with Runway 1-19. Associated taxiways will 
also be rehabilitated during the project.
    The FAA limits the number of arrivals and departures at DCA through 
the implementation of the High Density Rule (HDR).\1\ The HDR hourly 
limits at DCA are 37 air carrier slots, 11 commuter slots, and 12 
reservations available for other operations.\2\ The ``Other'' class of 
users is limited to unscheduled operations such as general aviation, 
charters, military, and non-passenger flights and is not intended for 
scheduled flight or other regularly conducted commercial operations. 
The FAA limits the number of arrivals and departures at JFK and LGA by 
FAA Order.\3\
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    \1\ 33 FR 17896 (Dec. 3, 1968). The FAA codified the rules for 
operating at high-density traffic airports in 14 CFR part 93, 
subpart K. The HDR requires carriers to hold a reservation, known as 
a ``slot,'' for each takeoff or landing under instrument flight 
rules at the high-density traffic airports. Currently, only 
operations at DCA are limited by the HDR.
    \2\ 14 CFR 93.123.
    \3\ Operating Limitations at John F. Kennedy International 
Airport. 73 FR 3510 (Jan. 18, 2008), as amended, and most recently 
extended by 87 FR 65161 (Oct. 28, 2022). Operating Limitations at 
New York LaGuardia Airport. 71 FR 77854 (Dec. 27, 2006), as amended, 
and most recently extended by 87 FR 65159 (Oct. 28, 2022).
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    At DCA, JFK, and LGA, each slot must be used a minimum of 80 
percent of the time.\4\ At DCA and LGA, any slot not used at least 80 
percent of the time over a two-month period will be recalled by the 
FAA.\5\ At JFK, usage is calculated seasonally, slots not meeting the 
minimum usage requirement will not receive historic status for the 
following equivalent scheduling season.\6\ The FAA may waive the 80 
percent minimum usage requirement if a highly unusual and unpredictable 
condition beyond the control of the slot-holding air carrier affects 
carrier operations for a period of five consecutive days or more at JFK 
and LGA and nine consecutive days or more at DCA.\7\
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    \4\ Operating Limitations at John F. Kennedy International 
Airport, 87 FR 65161 at 65162 (Oct. 28, 2022); Operating Limitations 
at New York LaGuardia Airport, 87 FR 65159 at 65160 (Oct. 28, 2022); 
14 CFR 93.227(a).
    \5\ Operating Limitations at New York LaGuardia Airport, 87 FR 
65159 at 65160 (Oct. 28, 2022); 14 CFR 93.227(a).
    \6\ Operating Limitations at John F. Kennedy International 
Airport, 87 FR 65161 at 65162 (Oct. 28, 2022).
    \7\ Operating Limitations at John F. Kennedy International 
Airport, 87 FR 65161 at 65163 (Oct. 28, 2022); Operating Limitations 
at New York LaGuardia Airport, 87 FR 65159 at 65160 (Oct. 28, 2022); 
14 CFR 93.227(j).
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    The FAA designated EWR a Level 2 airport under the Worldwide Slot 
Guidelines (WSG), now known as the Worldwide Airport Slot Guidelines 
(WASG). The FAA does not allocate slots, apply historic precedence, or 
impose minimum usage requirements at EWR. Level 2 schedule facilitation 
depends upon close and continuous discussions and voluntary agreement 
between airlines and the FAA to reduce congestion. At Level 2 airports, 
the FAA generally provides priority consideration for flights approved 
by the FAA and operated by the carrier in those approved times in the 
prior scheduling season when the FAA reviews proposed flights for 
facilitation in the next corresponding scheduling season. However, the 
FAA notes that the usual Level 2 processes include flexibility for the 
facilitator to prioritize planned flights, which are canceled in 
advance or on the day of the scheduled operation due to operational 
impacts that are beyond the control of the carrier.

Summary of Petitions Received

    On November 30, 2022, Airlines for America (A4A) filed a petition 
on behalf of member and associate member airlines requesting a limited 
waiver of the minimum slot usage rules at DCA due to the impending 
runway construction. The petition also sought either a limited waiver 
of the minimum slot usage requirements or schedule relief at LGA, EWR, 
and JFK for slots or movements for nonstop flights to and from DCA 
during specified hours. A4A states that ``construction at DCA will 
impose conditions that will significantly impact operations and those 
conditions are beyond the control of the slot holders, thereby 
providing good cause for the requested waiver.'' A4A indicates ``the 
nighttime closing of the main Runway 1-19 will significantly impact 
carriers that hold slots in the 2300 hour by forcing them to use Runway 
15-33 or not operate.'' A4A notes that ``for many carriers, the option 
to use 15-33 will have a negative impact because some aircraft, such as 
the 737-900/ER/MAX are unable to use runway 15-33'' and ``other 
aircraft will need to apply hefty payload penalties to operate on 
runway 15-33, for example some aircraft would need to reduce between 50 
and 75 passengers on all but the shortest routes.''
    A4A also requests relief for slot pairs associated with the 2300-
0559 closure period, noting carriers may seek alleviation for the 
closures slot's pair, which may be outside the 2300-0600 hours and 
requests the FAA ``work with carriers on an individual basis to 
determine their slot pairing needs and requests as carriers' monthly 
schedules develop.''
    In addition, A4A requests relief for slot usage associated with 
several operations between DCA and JFK, EWR, or LGA. Specifically, A4A 
requests the FAA grant slot usage or schedule alleviation to 
``departure slots between 2100 and 2200 used for nonstop service to 
DCA, as such flights typically arrive at DCA in the 2300 hour'' and 
``for any DCA departure slots between 0500 and 0659 used for nonstop 
service to those slot-controlled or schedule facilitated New York 
airports.''
    Southwest Airlines Co. (Southwest) filed a request for temporary 
slot flexibility at DCA on December 5, 2022. Specifically, Southwest 
requests that the FAA permit Southwest to move three flights currently 
scheduled in the 2300

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hour to available hours earlier in the day rather than canceling the 
flights during the DCA construction and closure periods. Southwest does 
not oppose the waiver request filed by A4A but ``believes that FAA 
should pursue the goal of enabling carriers to maintain all possible 
capacity at DCA to promote competition, maintain low fares, and ensure 
nonstop travel options for the flying public.'' Southwest states there 
is available capacity in other hours for Southwest to move its flights 
without exceeding hours limits based on 60 operations per hour.\8\
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    \8\ The High Density Rule hourly limits for DCA are 37 air 
carrier slots, 11 commuter slots, and 12 reservations available for 
Other operations. The Other category is limited to unscheduled 
operations such as general aviation, charters, military, and non-
passenger flights and is not intended for scheduled flight or other 
regularly conducted commercial operations.
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FAA Analysis and Decision

    The FAA has determined the DCA airport construction and runway 
closures warrant limited, conditional relief from the minimum slot 
usage requirements because the impacts to operations in certain hours 
are beyond the carriers' control and will exist for several months. The 
closures from 2300-0559 Eastern Time are expected to impact operations 
as described by A4A and Southwest.
    DCA is a high-demand airport, and carriers have indicated they plan 
to operate flights if feasible. There are typically 15 to 16 arrivals 
in the 2300 hour with the corresponding aircraft used for departures in 
the morning hours with additional potential for a few cancellations in 
the late evening hours and the corresponding departures. The FAA is not 
limiting the relief to certain hours in order to provide some degree of 
flexibility to carriers to allow them to balance schedules and slot 
pairs. However, the FAA may require carriers to justify how returned 
slots are impacted by the runway closure if returned slots are not 
during or adjacent to the runway closure periods.
    The FAA will work individually with carriers on retiming and 
schedule adjustment options; however, the FAA will not retime air 
carrier operations into hours that are currently at the air carrier 
slot limit. The FAA notes that carriers at DCA regularly engage in 
swapping slots for retiming purposes or in temporary leasing of slots 
and those options remain available for carriers to manage slot holdings 
at the airport.
    In addition, the FAA is extending a limited, conditional waiver 
from minimum usage requirements at JFK and LGA and providing similar 
relief at EWR under the Level 2 process for departure slots or approved 
schedules between 2100 and 2200 used for nonstop service to DCA, as 
well as slots or approved schedules associated with a DCA departure 
between 0500 and 0659 used for nonstop service to those slot-controlled 
or schedule facilitated New York City area airports. Carriers may also 
choose to use those slots at JFK and LGA or the approved runway times 
at EWR for operations to other markets than DCA.
    The FAA will treat as used the specific slots impacted by the 
construction for the period from April 1, 2023, through November 30, 
2023. This provides some time before and after the currently planned 
runway closure dates to accommodate potential changes to the 
construction schedule and provide carriers that may need some relief on 
either side of the current anticipated construction dates to phase in 
or phase out current operations. The relief is subject to the following 
conditions:
    1. The specific slots must be returned to the FAA at least four 
weeks prior to the date of the FAA-approved operation, by submission to 
[email protected].
    2. Slots newly allocated after December 1, 2022, for initial use 
before November 30, 2023, are not eligible for relief.
    3. Slots authorized at DCA by Department of Transportation or FAA 
exemptions are not eligible for relief.
    4. At JFK, LGA, and EWR only departure slots or approved schedules 
between 2100 and 2200 used for nonstop service to DCA and slots or 
approved schedules associated with a DCA departure between 0500 and 
0659 used for nonstop service to those slot-controlled or schedule 
facilitated New York City area airport are eligible for relief.

    Issued in Washington, DC.
Marc A. Nichols,
Chief Counsel.
Alyce Hood-Fleming,
Vice President, System Operations Services.
[FR Doc. 2022-27967 Filed 12-23-22; 8:45 am]
BILLING CODE 4910-13-P


