[Federal Register Volume 84, Number 191 (Wednesday, October 2, 2019)]
[Notices]
[Pages 52580-52582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21485]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Notice of Submission Deadline for Schedule Information for Newark 
Liberty International Airport for the Summer 2020 Scheduling Season

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 October 3, 2019, for Summer 2020 flight schedules at Newark Liberty 
International Airport (EWR). The deadline coincides with the schedule 
submission deadline for the International Air Transport Association 
(IATA) Slot Conference for the Summer 2020 scheduling season.

DATES: Schedules must be submitted no later than October 3, 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: Al Meilus, Manager (Acting), Slot 
Administration Office, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone (202) 267-2822; 
email Al.Meilus@faa.gov.

SUPPLEMENTARY INFORMATION: This document provides routine notice to 
carriers serving EWR, one of the capacity-constrained airports in the 
United States, of the upcoming schedule submission deadline for Summer 
2020. The FAA has designated EWR as an IATA Level 2 airport consistent 
with the Worldwide Slot Guidelines (WSG).1 2 A separate 
schedule submission notice for John F. Kennedy International Airport 
(JFK), Los Angeles International Airport (LAX), Chicago O'Hare 
International Airport (ORD), and San Francisco International Airport 
(SFO) was published in the Federal Register on September 27, 2019 (84 
FR 51222).
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    \1\ This designation remains effective until the FAA announces a 
change in the Federal Register.
    \2\ The FAA applies the WSG to the extent there is no conflict 
with U.S. law or regulation. The FAA is reviewing recent substantive 
amendments to the WSG adopted in version 10 (Aug. 1, 2019) and 
considering whether to implement certain changes in the U.S.
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General Information for EWR in the Summer 2020 Season

    For the Summer 2020 scheduling season at EWR, the FAA is primarily 
concerned about scheduled and other regularly conducted commercial 
operations from 0600 to 2300 Eastern Time (1000 to 0300 UTC). Carriers 
may submit schedules for the entire day in addition to the identified 
hours. 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 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 
airports.
    The U.S. Summer 2020 scheduling season is from March 29, 2020, 
through October 24, 2020, in recognition of the IATA northern Summer 
scheduling period.
    As stated in the WSG, schedule facilitation at a Level 2 airport is 
based on the following: (1) Schedule adjustments are mutually agreed 
upon between the airlines and the facilitator; (2) the intent is to 
avoid exceeding the airport's coordination parameters; (3) the concepts 
of historic precedence and series of slots do not apply at Level 2 
airports; although WSG recommends giving priority to approved services 
that plan to operate unchanged from the previous equivalent season at 
Level 2 airports; and (4) 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

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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 terminal 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.
    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. Carriers seeking terminal approval at EWR 
may contact the terminal facilitator at ewrslots@panynj.gov.
    Generally, the FAA uses average hourly runway capacity throughput 
for airports and performance metrics in its schedule review at Level 2 
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 typical throughput for Level 2 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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    The FAA notes that it remains committed to the implementation of 
reference IDs for administrative tracking at EWR, as discussed in the 
Notice of Schedule Submission for the Winter 2019/2020 Scheduling 
Season, 84 FR 18630 at 18632 (May 1, 2019), and will continue working 
with carriers to implement this tracking tool.
    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 on a schedule submission or slot 
request, 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 both customarily and actually 
treated as private. Carriers that submit such confidential schedule 
information should clearly mark the information as ``PROPIN''. The FAA 
will take the necessary steps to protect properly designated 
information to the extent allowable by law.

EWR Operational Performance

    The FAA regularly monitors operations and performance metrics at 
EWR to identify ways to improve operational efficiency and achieve 
delay reductions in a Level 2 environment. Demand for access to EWR and 
the New York City area remains high. Requests for flights at EWR have 
exceeded the scheduling limits in the early morning and for multiple 
hours in the afternoon and evening. 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, 
passengers, and other customers.
    For the Summer 2020 season, the hourly scheduling limit remains at 
79 operations and 43 operations per half-hour.\4\ Based on historical 
demand and recent schedule changes, the FAA anticipates limited or no 
availability in the 0700 to 0859 and 1330 to 2159 local hours for new 
flights within the applicable scheduling limits. In addition, 
consistent with FAA's usual practices, availability in shoulder/
adjacent periods may be limited in order to offset peak demand. 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. Consistent with past practice at 
EWR, the FAA will accept flights above the limits if the approved 
flights were operated by the same carrier on a regular basis in the 
previous corresponding season (i.e., Summer 2019). However, as 
previously explained, the FAA's preference is for carriers to 
voluntarily retime operations out of the peak periods and to smooth 
schedules in other hours to ensure operations are within the applicable 
limits. Absent such adjustments, the operational performance of the 
airport is unlikely to improve.
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    \4\ 83 FR 21335 (May 1, 2018).
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    The FAA notes there are periods when the demand in half-hours and 
consecutive half-hours exceeds the optimum runway capacity and the 
scheduling limits in this notice.\5\ The

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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 such as 1400 to instead 
be scheduled during the 1300 and 1200 hours could have significant 
delay reduction benefits, as early afternoon delays continue to impact 
operations into the evening hours.
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    \5\ Following the Level 2 designation effective with the winter 
2016/2017 scheduling season, the FAA has rolled out reduced hourly 
scheduling limits from 81 per hour to 79 and applied additional 
half-hour and arrival and departure limits.
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    Consistent with the WSG, carriers should be prepared to adjust 
schedules to meet the scheduling limits in order to minimize potential 
congestion and delay. Carriers are reminded that runway approval must 
be obtained from the FAA in addition to any requirements for approval 
from the airport terminal or other facilities prior to operating 
flights at the airport. As the FAA has previously stated, if voluntary 
schedule adjustments are not achievable, consideration may be given to 
whether a Level 3 designation is necessary and whether a schedule 
reduction meeting pursuant to 49 U.S.C. 41722 is necessary. If the FAA 
reinstates Level 3 at EWR, historic precedence would not be granted for 
any operation conducted without FAA approval under Level 2.

Southwest's EWR Station Closure

    On July 25, 2019, Southwest Airlines (Southwest) announced that it 
will cease operations at EWR effective November 3, 2019.\6\ The FAA has 
received numerous inquiries from various public and private entities 
concerning the effects of Southwest's plans, including multiple 
requests for approval of new operations to replace the operations 
previously conducted by Southwest.
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    \6\ Southwest Airlines Press Release https://www.swamedia.com/releases/release-424146113c6f2a2eebe84fb61d59a4ff-southwest-reports-record-second-quarter-revenues-and-earnings-per-share.
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    On a peak summer weekday, Southwest operated up to 40 operations at 
EWR, a portion of which (approximately 16) were in the peak periods. As 
noted previously, several hours in the high demand periods at EWR are 
above the FAA's stated scheduling limits. In an effort to improve 
performance at EWR, the FAA has consistently stated in prior seasonal 
schedule submission notices that new operations will not be approved 
unless the period is below the FAA scheduling limits.\7\ Consistent 
with this approach, the FAA will not be approving new flights in peak 
hours for the Summer 2020 scheduling season if operations are at or 
above the applicable scheduling limits. The FAA plans to assess the 
impacts of the peak period Southwest reductions and other schedule 
changes at EWR on performance, as well as the impacts on competition in 
close coordination with the Office of the Secretary of Transportation, 
in the upcoming Winter 2019/2020 and Summer 2020 scheduling seasons. 
The FAA intends to publish additional information on the outcome of 
this assessment in future notices related to these airports. However, 
the FAA will not during that assessment period be replacing or 
``backfilling'' the peak morning and afternoon/evening operations that 
Southwest conducted during Winter 2018/2019 and Summer 2019, to the 
extent the new operations would exceed the current scheduling limits. 
New operations are being approved by the FAA, subject to terminal and 
gate availability, in off-peak hours in which operations are below the 
scheduling limits, including any offsets for periods above the limits, 
consistent with established FAA policy and procedures as described in 
seasonal notices and the WSG.\8\ In addition, the FAA is tracking unmet 
schedule requests at EWR for future consideration.
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    \7\ See e.g., Notice of Submission Deadline for the Winter 2019/
2020 Scheduling Season, 84 FR 18630 at 18632 (May 1, 2019); Notice 
of Submission Deadline for the Summer 2019 Scheduling Season, 83 FR 
49155at 49156-49157 (Sep. 28, 2018); and, Notice of Submission 
Deadline for the Winter 2018/2019 Scheduling Season, 83 FR 21335 at 
21337-21338 (May 9, 2018).
    \8\ See supra note 7.
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    The FAA will continue to follow the established schedule 
facilitation process at EWR consistent with the IATA WSG and as 
described in prior schedule submission notices.\9\ In periods with 
limited availability, new entrant carriers may be prioritized 
consistent with the IATA WSG, as appropriate. Carriers requesting new 
operations in off-peak periods with sufficient availability may be 
approved. The FAA will continue to closely monitor demand in each hour 
at EWR and, based on recent requests or inquiries for additional 
flights, the FAA expects availability to change in some off-peak 
periods.
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    \9\ See supra note 7.
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EWR Runway 4R/22L Preliminary Construction Plans

    The FAA is aware of preliminary plans by the Port Authority of New 
York and New Jersey (PANYNJ) to reconstruct Runway 4R/22L at EWR. The 
FAA is closely monitoring the scope and timing of this project. Once 
the details of this project are available, the FAA plans to work with 
the PANYNJ and carriers to assess operational impacts and potential 
changes in delays and to develop mitigation strategies, as appropriate.

    Issued in Washington, DC on September 27, 2019.
Virginia Boyle,
Deputy Vice President, System Operations Services.
[FR Doc. 2019-21485 Filed 10-1-19; 8:45 am]
BILLING CODE 4910-13-P


