81_FR_19927 81 FR 19861 - Change of Newark Liberty International Airport (EWR) Designation

81 FR 19861 - Change of Newark Liberty International Airport (EWR) Designation

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 66 (April 6, 2016)

Page Range19861-19863
FR Document2016-07910

This document announces that the FAA will designate Newark Liberty International Airport (EWR) as a Level 2, schedule-facilitated airport under the International Air Transport Association (IATA) Worldwide Slot Guidelines (WSG) effective for the Winter 2016 scheduling season, which begins on October 30, 2016. The FAA has determined this designation is necessary based on an updated demand and capacity analysis of the airport. The current FAA Order designating EWR as a Level 3, slot-controlled airport will expire on October 29, 2016.

Federal Register, Volume 81 Issue 66 (Wednesday, April 6, 2016)
[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)]
[Rules and Regulations]
[Pages 19861-19863]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07910]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No.: FAA-2008-0221]


Change of Newark Liberty International Airport (EWR) Designation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Change of Newark Liberty International Airport (EWR) 
Designation.

-----------------------------------------------------------------------

SUMMARY: This document announces that the FAA will designate Newark 
Liberty International Airport (EWR) as a Level 2, schedule-facilitated 
airport under the International Air Transport Association (IATA) 
Worldwide Slot Guidelines (WSG) effective for the Winter 2016 
scheduling season, which begins on October 30, 2016. The FAA has 
determined this designation is necessary based on an updated demand and 
capacity analysis of the airport. The current FAA Order designating EWR 
as a Level 3, slot-controlled airport will expire on October 29, 2016.

DATES: This designation takes effect on October 30, 2016.

ADDRESSES: Requests may be submitted by mail to Slot Administration 
Office, AGC-220 Office of the Chief Counsel, 800 Independence Ave. SW., 
Washington, DC 20591; facsimile: 202-267-7277; or by email to: 7-AWA-slotadmin@faa.gov.

FOR FURTHER INFORMATION CONTACT: For questions contact: Susan 
Pfingstler, System Operations Services, Air Traffic Organization, 
Federal Aviation Administration, 600 Independence Avenue SW., 
Washington, DC 20591; telephone (202) 267-6462; email 
susan.pfingstler@faa.gov.

SUPPLEMENTARY INFORMATION: 

Background

    By Order dated May 21, 2008, the FAA placed temporary limits on 
scheduled operations at EWR to mitigate congestion and delays at the 
airport.\1\ The Order addressed the FAA's concern about a spillover 
effect in the summer 2008 scheduling season resulting from the Agency's 
Order limiting operations at John F. Kennedy International Airport 
(JFK), which took effect in March 2008.\2\
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    \1\ 73 FR 29550 (May 21, 2008).
    \2\ 73 FR 3510 (Jan. 18, 2008).
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    Under the EWR Order, the FAA (1) established hourly limits of 81 
scheduled operations during the peak period; (2) imposed an 80 percent 
minimum usage requirement for Operating Authorizations (OAs or slots) 
with defined exceptions; (3) provided a mechanism for withdrawal of OAs 
for FAA operational reasons; (4) established procedures to allocate 
withdrawn, surrendered, or unallocated OAs; and, (5) allowed for trades 
and leases of OAs for consideration for the duration of the Order.
    On January 8, 2015, the Department of Transportation (DOT) and FAA 
issued the Slot Management and Transparency for LaGuardia Airport, John 
F. Kennedy International Airport, and Newark Liberty International 
Airport Notice of Proposed Rulemaking (NPRM).\3\ The DOT and FAA are 
currently reviewing the comments received on the NPRM and considering 
the impacts of the EWR Level 2 designation on the rulemaking.
---------------------------------------------------------------------------

    \3\ 80 FR 1274.
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    Based on the FAA's review of operational performance, demand, and 
capacity discussed in this document, Level 3 slot controls are no 
longer warranted for EWR. Rather, the FAA will transition EWR to a 
Level 2, schedule-facilitated airport, starting with the Winter 2016 
scheduling season. In addition, the FAA also has updated the 
performance, demand, and capacity analyses for JFK and LGA and has 
determined that Level 3 slot-controlled restrictions remain necessary 
for these airports. Therefore, through separate notices published in 
the Federal Register, the FAA will be extending the JFK and LGA Orders 
until October 27, 2018.
    This document confirms the EWR Order will expire on October 29, 
2016. A copy of this document will be placed in Docket FAA-2008-0221. 
As explained herein, the FAA is designating EWR as a Level 2 airport 
effective October 30, 2016. As further explained in this document, the 
FAA has conducted a screening for potential impacts to noise and air 
emissions as a result of this change in designation at EWR and has 
determined that the proposed action does not have the potential to 
cause a significant impact.

Capacity and Operational Performance Review

    The FAA regularly reviews operational performance and demand at the 
New York City area airports as part of ongoing efforts to improve the 
efficiency of the air traffic control system. Section 413 of the FAA 
Modernization and Reform Act, Pub. L. 112-95, 126 Stat. 11 (Feb. 14, 
2012), requires the FAA to take actions to ensure that aircraft 
operations of air carriers do not exceed the hourly

[[Page 19862]]

maximum departure and arrival rate established by the Administrator for 
such operations. The FAA reviews data on actual operations, including 
the number of hourly and daily air traffic operations, runway capacity 
and utilization, aircraft fleet mix, scheduled and unscheduled demand, 
on-time performance relative to schedule, the number and duration of 
flight arrival and departure delays, airfield or other capacity 
changes, and air traffic control procedures.
    On an annual basis since adopting the 2008 Order, the FAA has 
performed analyses to compare and contrast operational and performance 
data for each year subsequent to the peak 2007 summer scheduling season 
to identify operational and performance trends. Such analyses have 
consistently placed particular emphasis on the May through August 
months since this period includes the peak summer demand. The on-time 
performance and delay metrics at EWR show significant improvements 
during such peak periods of demand. For example, on-time gate arrivals 
at EWR have increased by about 11 percentage points when comparing May 
through August 2015 to the same period in 2007.\4\ On-time gate 
departures improved by approximately three percentage points. The mean 
arrival and departure delays are down by about 33 percent, and the 
delays greater than 60 minutes are down by 37 percent for arrivals and 
38 percent for departures.
---------------------------------------------------------------------------

    \4\ On-time gate arrivals have a gate arrival delay of less than 
15 minutes. The gate arrival delay is the difference in minutes 
between the actual time the aircraft arrives at the gate and the 
scheduled gate arrival time.
---------------------------------------------------------------------------

    The FAA recently modeled the summer 2015 demand against summer 2015 
runway capacity and then compared the results to the delay profile that 
was the basis for the 2008 Order. Operations in 2015 were down by 8 
percent, total minutes of arrival delays went from 16,100 to 10,100 for 
a 37 percent decrease, mean arrival delays decreased from 24.0 minutes 
to 16.3 minutes, and mean departure delays from 18.0 minutes to 14.2 
minutes.\5\
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    \5\ A copy of the MITRE summary of performance comparing 2015 
and 2007 has been placed in the dockets for the EWR Order (Docket 
No. FAA-2008-0221), JFK Order (Docket No. FAA-2007-29320), LGA Order 
(Docket No. FAA-2006-25755) and the Slot Management and Transparency 
for LaGuardia Airport, John F. Kennedy International Airport, and 
Newark Liberty International Airport NPRM (Docket No. FAA-2014-
1073).
---------------------------------------------------------------------------

    The FAA also reviewed scheduled flights at EWR over the last few 
years. Scheduled demand was routinely below the 81 hourly scheduling 
limits in the Order, even during the busiest early morning, afternoon, 
and evening hours. For example, in the 3 p.m. through 8:59 p.m. local 
hours, weekday scheduled demand in the May-August period averaged 71 
flights per hour in 2011, 74 flights per hour in 2013, and 72 flights 
per hour in 2015.\6\ Early summer 2016 schedules reflect similar demand 
patterns. At the same time, the FAA denied requests for new flights as 
slots are allocated up to the scheduling limits. Carriers are generally 
maintaining historic slots and meeting the minimum usage rules under 
the Order; therefore, weekday slots in peak hours do not regularly 
revert to the FAA for reallocation. The result is scheduled demand that 
is well below the FAA scheduling limits and runway capacity at the 
airport to handle additional flights. This is unlike other FAA slot-
controlled airports, which have significantly fewer differences between 
the number of allocated slots and the scheduled demand, especially in 
peak periods.
---------------------------------------------------------------------------

    \6\ There are a few additional flights by carriers such as FedEx 
and UPS that are allocated slots and do not publish schedules in the 
FAA's Innovata schedule database.
---------------------------------------------------------------------------

FAA Level 2 Determination and Planned Schedule Review

    In light of the FAA's demand and capacity analysis at EWR, the FAA 
has determined that EWR does not warrant a Level 3 designation. The 
FAA's analysis demonstrates that runway capacity exists for additional 
operations. However, under a Level 3 designation, the FAA must deny 
requests from carriers to add or retime operations based on allocated 
slots rather than scheduled and actual operations, provided the carrier 
satisfies the minimum slot usage requirements. Further, the FAA simply 
cannot increase the scheduling limits to compensate for slots that are 
under-scheduled but meet the minimum usage rules, as this would require 
the FAA to determine that additional capacity exists for operations 
above the current scheduling limits.
    The FAA also considered whether EWR should be re-designated as a 
Level 1 airport since EWR operated for many years without scheduling 
limits while nearby JFK and LGA were slot controlled. During this time, 
EWR provided access to the New York City area and, while delays were 
high compared to other airports, overall demand was generally 
consistent with runway capacity. However, there are practical 
limitations to the number of additional flights that EWR can accept 
from a runway and airport facilities perspective. Moreover, we expect 
there will be significant demand for access to EWR, given its location 
and that the JFK and LGA airports will remain slot-controlled airports. 
Thus, the FAA has determined that the Level 2 schedule facilitation 
process and its related principles of voluntary cooperation will best 
balance the anticipated demand with the practical limitations on the 
number of additional flights possible at EWR. Following the effective 
date of the Level 2 designation, the FAA will continue to review 
whether Level 2 is appropriate or whether other action might be needed. 
The FAA does not expect to make any airport level changes based on 
short-term airline schedule plans or resulting delays.
    Consistent with existing FAA practice for schedule facilitation at 
Level 2 airports, under the Level 2 designation at EWR, the FAA will 
request and review airline schedules for the 6 a.m. to 10:59 p.m. 
period and either approve the request or work with carriers to achieve 
schedule adjustments as needed to avoid exceeding the airport's 
capacity. The success of Level 2 schedule facilitation procedures 
depends upon a number of factors delineated in the WSG. The FAA will 
apply the priorities for schedule facilitation outlined in the WSG. In 
particular, priority will be given to carriers based on actual approved 
schedules and operations conducted in the previous corresponding season 
over new demand for the same timings.
    Additionally, although there is some runway capacity available at 
EWR, approval of new or retimed operations must avoid significant 
scheduled peaking and allow for recovery to avoid causing a consistent 
level of unacceptable delay, which could necessitate a return to Level 
3. The FAA intends, if necessary, to deny schedule submissions that 
exceed the declared airport runway capacity and to offer alternative 
times to carriers. The WSG recognizes that some carriers might operate 
at times without approval from the airport's schedule facilitator. 
Consistent with the WSG, carriers would not receive historic status for 
such flights if the airport level changes from Level 2 to Level 3.
    Finally, while the FAA is responsible for managing the airport's 
runway capacity, there are terminal, gate, and other operational 
factors that may require schedule adjustments. The FAA recognizes that 
the entry at EWR has been limited by runway slot availability for the 
last 8 years and new entry and growth by incumbent carriers is 
expected. The Port Authority of New York and New Jersey (Port 
Authority) currently reviews schedules for

[[Page 19863]]

international passenger flights operating at Terminal B. A carrier must 
separately obtain approval from the Port Authority for Terminal B 
flights and request runway slots from the FAA under the current Level 3 
designation Order. After the effective date for the Level 2 
designation, carriers would continue to work with the Port Authority to 
synchronize with the relevant terminals and gates at EWR to the extent 
practicable. Under existing practice, the FAA regularly works with the 
Port Authority and carriers to reconcile differences between available 
terminal/gate and runway times. The FAA expects this process to 
continue under the Level 2 designation based on impacts to the 
availability of facilities. This necessary de-conflicting of carriers' 
requested terminal/gate and runway schedules is likely to be most 
significant in the initial transition from Level 3 to Level 2 in the 
Winter 2016 and Summer 2017 seasons.

Environmental Considerations

    The FAA conducted an environmental screening for potential impacts 
to noise and air emissions relative to the change of the EWR 
designation from Level 3 to Level 2. Based on the screening, the FAA 
has determined that this action may be categorically excluded from 
further environmental analysis according to FAA Order 1050.1, 
``Environmental Impacts: Policies and Procedures,'' paragraph 5-6.6.f. 
Specifically, paragraph 5-6.6.f states that ``Regulations, standards, 
and exemptions (excluding those which if implemented may cause a 
significant impact on the human environment)'' are categorically 
excluded from further environmental review.
    The FAA conducted noise screening of the proposed action using Area 
Equivalent Method and determined that the action does not have the 
potential to cause a significant impact on noise levels of noise 
sensitive areas. In addition, the FAA conducted an analysis of air 
emissions using Aviation Environmental Design Tool and determined that 
the action does not have the potential to cause a significant impact on 
air quality or a violation of Federal, state, tribal, or local air 
quality standards under the Clean Air Act, 42 U.S.C. Sec. Sec.  7401-
7671q. Therefore, implementation of the airport level change is not 
expected to result in significant adverse impacts to the human 
environment. The implementation of this action is not expected to 
result in any extraordinary circumstances in accordance with FAA Order 
1050.1. A copy of the categorical exclusion has been placed in the 
docket associated with this action.

Future Operational Demand and Performance Reviews

    The FAA will continue to regularly review and monitor performance 
at EWR, as well as carrier compliance with FAA-approved schedules. The 
FAA will continue to review data on actual operations, including the 
number of hourly and daily air traffic operations, runway capacity and 
utilization, aircraft fleet mix, scheduled and unscheduled demand, on-
time performance relative to schedule, the number and duration of 
flight arrival and departure delays, airfield or other capacity 
changes, and air traffic control procedures. The FAA will publish a 
notice in April, 2016 announcing the schedule submission deadline and 
the declared runway capacity limits for the Winter 2016 scheduling 
season.
    The FAA expects that delays at EWR will increase over current 
levels as flights are added, but an incremental increase in delays 
would not necessarily mean the FAA would revert to Level 3. The FAA's 
objective while working with carriers under the Level 2 process is to 
appropriately balance and maximize the use of the available runway 
capacity at EWR while maintaining an acceptable level of delay.

    Issued in Washington, DC on April 1, 2016.
Daniel E. Smiley,
Acting Vice President, System Operations Services.
[FR Doc. 2016-07910 Filed 4-1-16; 4:15 pm]
 BILLING CODE 4910-13-P



                                                                       Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations                                        19861

                                                  number of small entities under the                         DEPARTMENT OF TRANSPORTATION                          minimum usage requirement for
                                                  criteria of the Regulatory Flexibility Act.                                                                      Operating Authorizations (OAs or slots)
                                                                                                             Federal Aviation Administration                       with defined exceptions; (3) provided a
                                                  Environmental Review                                                                                             mechanism for withdrawal of OAs for
                                                     The FAA has determined that this                        14 CFR Part 93                                        FAA operational reasons; (4) established
                                                  action qualifies for categorical exclusion                 [Docket No.: FAA–2008–0221]                           procedures to allocate withdrawn,
                                                  under the National Environmental                                                                                 surrendered, or unallocated OAs; and,
                                                  Policy Act in accordance with FAA                          Change of Newark Liberty International                (5) allowed for trades and leases of OAs
                                                  Order 1050.1F, ‘‘Environmental                             Airport (EWR) Designation                             for consideration for the duration of the
                                                  Impacts: Policies and Procedures,’’                                                                              Order.
                                                                                                             AGENCY:  Federal Aviation                                On January 8, 2015, the Department of
                                                  paragraph 5–6.5a. This airspace action
                                                                                                             Administration (FAA), DOT.                            Transportation (DOT) and FAA issued
                                                  is not expected to cause any potentially
                                                                                                             ACTION: Change of Newark Liberty                      the Slot Management and Transparency
                                                  significant environmental impacts, and
                                                                                                             International Airport (EWR)                           for LaGuardia Airport, John F. Kennedy
                                                  no extraordinary circumstances exist
                                                                                                             Designation.                                          International Airport, and Newark
                                                  that warrant preparation of an
                                                                                                                                                                   Liberty International Airport Notice of
                                                  environmental assessment.                                  SUMMARY:   This document announces                    Proposed Rulemaking (NPRM).3 The
                                                  Lists of Subjects in 14 CFR Part 71                        that the FAA will designate Newark                    DOT and FAA are currently reviewing
                                                                                                             Liberty International Airport (EWR) as a              the comments received on the NPRM
                                                   Airspace, Incorporation by reference,                     Level 2, schedule-facilitated airport                 and considering the impacts of the EWR
                                                  Navigation (air).                                          under the International Air Transport                 Level 2 designation on the rulemaking.
                                                  Adoption of the Amendment                                  Association (IATA) Worldwide Slot                        Based on the FAA’s review of
                                                                                                             Guidelines (WSG) effective for the                    operational performance, demand, and
                                                    In consideration of the foregoing, the                   Winter 2016 scheduling season, which                  capacity discussed in this document,
                                                  Federal Aviation Administration                            begins on October 30, 2016. The FAA                   Level 3 slot controls are no longer
                                                  amends 14 CFR part 71 as follows:                          has determined this designation is                    warranted for EWR. Rather, the FAA
                                                                                                             necessary based on an updated demand                  will transition EWR to a Level 2,
                                                  PART 71—DESIGNATION OF CLASS A,                            and capacity analysis of the airport. The             schedule-facilitated airport, starting
                                                  B, C, D, AND E AIRSPACE AREAS; AIR                         current FAA Order designating EWR as                  with the Winter 2016 scheduling
                                                  TRAFFIC SERVICE ROUTES; AND                                a Level 3, slot-controlled airport will               season. In addition, the FAA also has
                                                  REPORTING POINTS                                           expire on October 29, 2016.                           updated the performance, demand, and
                                                                                                             DATES: This designation takes effect on               capacity analyses for JFK and LGA and
                                                  ■ 1. The authority citation for Part 71                    October 30, 2016.                                     has determined that Level 3 slot-
                                                  continues to read as follows:                                                                                    controlled restrictions remain necessary
                                                                                                             ADDRESSES: Requests may be submitted
                                                                                                                                                                   for these airports. Therefore, through
                                                    Authority: 49 U.S.C. 106(f), 106(g); 40103,              by mail to Slot Administration Office,
                                                                                                                                                                   separate notices published in the
                                                  40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR,               AGC–220 Office of the Chief Counsel,
                                                                                                                                                                   Federal Register, the FAA will be
                                                  1959–1963 Comp., p. 389.                                   800 Independence Ave. SW.,
                                                                                                                                                                   extending the JFK and LGA Orders until
                                                                                                             Washington, DC 20591; facsimile: 202–
                                                  § 71.1       [Amended]                                                                                           October 27, 2018.
                                                                                                             267–7277; or by email to: 7-AWA-                         This document confirms the EWR
                                                  ■ 2. The incorporation by reference in                     slotadmin@faa.gov.                                    Order will expire on October 29, 2016.
                                                  14 CFR 71.1 of FAA Order 7400.9Z,                          FOR FURTHER INFORMATION CONTACT: For                  A copy of this document will be placed
                                                  Airspace Designations and Reporting                        questions contact: Susan Pfingstler,                  in Docket FAA–2008–0221. As
                                                  Points, dated August 6, 2015, effective                    System Operations Services, Air Traffic               explained herein, the FAA is
                                                  September 15, 2015, is amended as                          Organization, Federal Aviation                        designating EWR as a Level 2 airport
                                                  follows:                                                   Administration, 600 Independence                      effective October 30, 2016. As further
                                                                                                             Avenue SW., Washington, DC 20591;                     explained in this document, the FAA
                                                  Paragraph 5000         Class D Airspace.                   telephone (202) 267–6462; email                       has conducted a screening for potential
                                                  *        *      *       *      *                           susan.pfingstler@faa.gov.                             impacts to noise and air emissions as a
                                                  ASO FL D        Bartow, FL [Amended]                       SUPPLEMENTARY INFORMATION:                            result of this change in designation at
                                                  Bartow Municipal Airport, FL                                                                                     EWR and has determined that the
                                                                                                             Background
                                                     (Lat. 27°56′36″ N., long. 81°47′00″ W.)                                                                       proposed action does not have the
                                                                                                                By Order dated May 21, 2008, the                   potential to cause a significant impact.
                                                     That airspace extending upward from the
                                                                                                             FAA placed temporary limits on
                                                  surface to and including 1,600 feet MSL                                                                          Capacity and Operational Performance
                                                  within a 4-mile radius of Bartow Municipal
                                                                                                             scheduled operations at EWR to mitigate
                                                                                                             congestion and delays at the airport.1                Review
                                                  Airport. This Class D airspace area is
                                                  effective during the specific dates and times              The Order addressed the FAA’s concern                    The FAA regularly reviews
                                                  established in advance by a Notice to                      about a spillover effect in the summer                operational performance and demand at
                                                  Airmen. The effective date and time will                   2008 scheduling season resulting from                 the New York City area airports as part
                                                  thereafter be continuously published in the                the Agency’s Order limiting operations                of ongoing efforts to improve the
                                                  Airport/Facility Directory.                                at John F. Kennedy International Airport              efficiency of the air traffic control
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                             (JFK), which took effect in March 2008.2              system. Section 413 of the FAA
                                                    Issued in College Park, Georgia, on March
                                                                                                                Under the EWR Order, the FAA (1)                   Modernization and Reform Act, Pub. L.
                                                  29, 2016.
                                                                                                             established hourly limits of 81                       112–95, 126 Stat. 11 (Feb. 14, 2012),
                                                  Ryan W. Almasy,                                                                                                  requires the FAA to take actions to
                                                                                                             scheduled operations during the peak
                                                  Manager, Operations Support Group Eastern                  period; (2) imposed an 80 percent                     ensure that aircraft operations of air
                                                  Service Center, Air Traffic Organization.                                                                        carriers do not exceed the hourly
                                                  [FR Doc. 2016–07783 Filed 4–5–16; 8:45 am]                   1 73   FR 29550 (May 21, 2008).
                                                  BILLING CODE 4910–13–P                                       2 73   FR 3510 (Jan. 18, 2008).                       3 80   FR 1274.



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                                                  19862             Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations

                                                  maximum departure and arrival rate                      For example, in the 3 p.m. through 8:59               will be significant demand for access to
                                                  established by the Administrator for                    p.m. local hours, weekday scheduled                   EWR, given its location and that the JFK
                                                  such operations. The FAA reviews data                   demand in the May-August period                       and LGA airports will remain slot-
                                                  on actual operations, including the                     averaged 71 flights per hour in 2011, 74              controlled airports. Thus, the FAA has
                                                  number of hourly and daily air traffic                  flights per hour in 2013, and 72 flights              determined that the Level 2 schedule
                                                  operations, runway capacity and                         per hour in 2015.6 Early summer 2016                  facilitation process and its related
                                                  utilization, aircraft fleet mix, scheduled              schedules reflect similar demand                      principles of voluntary cooperation will
                                                  and unscheduled demand, on-time                         patterns. At the same time, the FAA                   best balance the anticipated demand
                                                  performance relative to schedule, the                   denied requests for new flights as slots              with the practical limitations on the
                                                  number and duration of flight arrival                   are allocated up to the scheduling                    number of additional flights possible at
                                                  and departure delays, airfield or other                 limits. Carriers are generally                        EWR. Following the effective date of the
                                                  capacity changes, and air traffic control               maintaining historic slots and meeting                Level 2 designation, the FAA will
                                                  procedures.                                             the minimum usage rules under the                     continue to review whether Level 2 is
                                                     On an annual basis since adopting the                Order; therefore, weekday slots in peak               appropriate or whether other action
                                                  2008 Order, the FAA has performed                       hours do not regularly revert to the FAA              might be needed. The FAA does not
                                                  analyses to compare and contrast                        for reallocation. The result is scheduled             expect to make any airport level changes
                                                  operational and performance data for                    demand that is well below the FAA                     based on short-term airline schedule
                                                  each year subsequent to the peak 2007                   scheduling limits and runway capacity                 plans or resulting delays.
                                                  summer scheduling season to identify                    at the airport to handle additional                      Consistent with existing FAA practice
                                                  operational and performance trends.                     flights. This is unlike other FAA slot-               for schedule facilitation at Level 2
                                                  Such analyses have consistently placed                  controlled airports, which have                       airports, under the Level 2 designation
                                                  particular emphasis on the May through                  significantly fewer differences between               at EWR, the FAA will request and
                                                  August months since this period                         the number of allocated slots and the                 review airline schedules for the 6 a.m.
                                                  includes the peak summer demand. The                    scheduled demand, especially in peak                  to 10:59 p.m. period and either approve
                                                  on-time performance and delay metrics                   periods.                                              the request or work with carriers to
                                                  at EWR show significant improvements                                                                          achieve schedule adjustments as needed
                                                  during such peak periods of demand.                     FAA Level 2 Determination and                         to avoid exceeding the airport’s
                                                  For example, on-time gate arrivals at                   Planned Schedule Review                               capacity. The success of Level 2
                                                  EWR have increased by about 11                             In light of the FAA’s demand and                   schedule facilitation procedures
                                                  percentage points when comparing May                    capacity analysis at EWR, the FAA has                 depends upon a number of factors
                                                  through August 2015 to the same period                  determined that EWR does not warrant                  delineated in the WSG. The FAA will
                                                  in 2007.4 On-time gate departures                       a Level 3 designation. The FAA’s                      apply the priorities for schedule
                                                  improved by approximately three                         analysis demonstrates that runway                     facilitation outlined in the WSG. In
                                                  percentage points. The mean arrival and                 capacity exists for additional operations.            particular, priority will be given to
                                                  departure delays are down by about 33                   However, under a Level 3 designation,                 carriers based on actual approved
                                                  percent, and the delays greater than 60                 the FAA must deny requests from                       schedules and operations conducted in
                                                  minutes are down by 37 percent for                      carriers to add or retime operations                  the previous corresponding season over
                                                  arrivals and 38 percent for departures.                 based on allocated slots rather than                  new demand for the same timings.
                                                     The FAA recently modeled the                         scheduled and actual operations,                         Additionally, although there is some
                                                  summer 2015 demand against summer                       provided the carrier satisfies the                    runway capacity available at EWR,
                                                  2015 runway capacity and then                           minimum slot usage requirements.                      approval of new or retimed operations
                                                  compared the results to the delay profile                                                                     must avoid significant scheduled
                                                                                                          Further, the FAA simply cannot
                                                  that was the basis for the 2008 Order.                                                                        peaking and allow for recovery to avoid
                                                                                                          increase the scheduling limits to
                                                  Operations in 2015 were down by 8                                                                             causing a consistent level of
                                                                                                          compensate for slots that are under-
                                                  percent, total minutes of arrival delays                                                                      unacceptable delay, which could
                                                                                                          scheduled but meet the minimum usage
                                                  went from 16,100 to 10,100 for a 37                                                                           necessitate a return to Level 3. The FAA
                                                                                                          rules, as this would require the FAA to
                                                  percent decrease, mean arrival delays                                                                         intends, if necessary, to deny schedule
                                                                                                          determine that additional capacity
                                                  decreased from 24.0 minutes to 16.3                                                                           submissions that exceed the declared
                                                                                                          exists for operations above the current
                                                                                                                                                                airport runway capacity and to offer
                                                  minutes, and mean departure delays                      scheduling limits.
                                                                                                                                                                alternative times to carriers. The WSG
                                                  from 18.0 minutes to 14.2 minutes.5                        The FAA also considered whether
                                                     The FAA also reviewed scheduled                                                                            recognizes that some carriers might
                                                                                                          EWR should be re-designated as a Level                operate at times without approval from
                                                  flights at EWR over the last few years.                 1 airport since EWR operated for many
                                                  Scheduled demand was routinely below                                                                          the airport’s schedule facilitator.
                                                                                                          years without scheduling limits while                 Consistent with the WSG, carriers
                                                  the 81 hourly scheduling limits in the                  nearby JFK and LGA were slot
                                                  Order, even during the busiest early                                                                          would not receive historic status for
                                                                                                          controlled. During this time, EWR                     such flights if the airport level changes
                                                  morning, afternoon, and evening hours.                  provided access to the New York City                  from Level 2 to Level 3.
                                                                                                          area and, while delays were high                         Finally, while the FAA is responsible
                                                    4 On-time gate arrivals have a gate arrival delay
                                                                                                          compared to other airports, overall                   for managing the airport’s runway
                                                  of less than 15 minutes. The gate arrival delay is
                                                  the difference in minutes between the actual time
                                                                                                          demand was generally consistent with                  capacity, there are terminal, gate, and
                                                  the aircraft arrives at the gate and the scheduled      runway capacity. However, there are                   other operational factors that may
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                                                  gate arrival time.                                      practical limitations to the number of                require schedule adjustments. The FAA
                                                    5 A copy of the MITRE summary of performance
                                                                                                          additional flights that EWR can accept                recognizes that the entry at EWR has
                                                  comparing 2015 and 2007 has been placed in the          from a runway and airport facilities
                                                  dockets for the EWR Order (Docket No. FAA–2008–                                                               been limited by runway slot availability
                                                  0221), JFK Order (Docket No. FAA–2007–29320),           perspective. Moreover, we expect there                for the last 8 years and new entry and
                                                  LGA Order (Docket No. FAA–2006–25755) and the                                                                 growth by incumbent carriers is
                                                  Slot Management and Transparency for LaGuardia            6 There are a few additional flights by carriers

                                                  Airport, John F. Kennedy International Airport, and     such as FedEx and UPS that are allocated slots and
                                                                                                                                                                expected. The Port Authority of New
                                                  Newark Liberty International Airport NPRM               do not publish schedules in the FAA’s Innovata        York and New Jersey (Port Authority)
                                                  (Docket No. FAA–2014–1073).                             schedule database.                                    currently reviews schedules for


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                                                                    Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations                                         19863

                                                  international passenger flights operating               exclusion has been placed in the docket               Adviser, Office of Management, U.S.
                                                  at Terminal B. A carrier must separately                associated with this action.                          Department of State, kottmyeram@
                                                  obtain approval from the Port Authority                                                                       state.gov, (202) 647–2318.
                                                                                                          Future Operational Demand and
                                                  for Terminal B flights and request                                                                            SUPPLEMENTARY INFORMATION: On July
                                                                                                          Performance Reviews
                                                  runway slots from the FAA under the                                                                           28, 2015, the Department published a
                                                  current Level 3 designation Order. After                   The FAA will continue to regularly
                                                                                                                                                                notice of proposed rulemaking (NPRM)
                                                  the effective date for the Level 2                      review and monitor performance at
                                                                                                                                                                to update its FOIA and Privacy Act rules
                                                  designation, carriers would continue to                 EWR, as well as carrier compliance with
                                                                                                                                                                contained in 22 CFR part 171. See 80 FR
                                                  work with the Port Authority to                         FAA-approved schedules. The FAA will
                                                                                                                                                                44898, and the discussion therein.
                                                  synchronize with the relevant terminals                 continue to review data on actual
                                                                                                          operations, including the number of                      This rulemaking responds to public
                                                  and gates at EWR to the extent                                                                                comments and finalizes the rule. The
                                                  practicable. Under existing practice, the               hourly and daily air traffic operations,
                                                                                                          runway capacity and utilization, aircraft             rule is finalized as published in the
                                                  FAA regularly works with the Port                                                                             NPRM, except for minor format edits;
                                                  Authority and carriers to reconcile                     fleet mix, scheduled and unscheduled
                                                                                                          demand, on-time performance relative                  modifications, as indicated below, in
                                                  differences between available terminal/
                                                                                                          to schedule, the number and duration of               response to public comments; and the
                                                  gate and runway times. The FAA
                                                                                                          flight arrival and departure delays,                  addition of one clause to § 171.24(a),
                                                  expects this process to continue under
                                                                                                          airfield or other capacity changes, and               which codifies a longstanding provision
                                                  the Level 2 designation based on
                                                                                                          air traffic control procedures. The FAA               of the Privacy Act (5 U.S.C. 552a(c)(3)),
                                                  impacts to the availability of facilities.
                                                                                                          will publish a notice in April, 2016                  and which was inadvertently omitted
                                                  This necessary de-conflicting of carriers’
                                                                                                          announcing the schedule submission                    from the NPRM. Since § 171.24(a) is
                                                  requested terminal/gate and runway
                                                                                                          deadline and the declared runway                      substantially the same as 5 U.S.C.
                                                  schedules is likely to be most significant
                                                                                                          capacity limits for the Winter 2016                   552a(c)(3) in the Privacy Act itself, it
                                                  in the initial transition from Level 3 to
                                                                                                          scheduling season.                                    need not be published for comment.
                                                  Level 2 in the Winter 2016 and Summer
                                                  2017 seasons.                                              The FAA expects that delays at EWR                 Response to Public Comments
                                                                                                          will increase over current levels as
                                                  Environmental Considerations                            flights are added, but an incremental                   The Department would like to thank
                                                     The FAA conducted an                                 increase in delays would not necessarily              the members of the public who invested
                                                  environmental screening for potential                   mean the FAA would revert to Level 3.                 time in reviewing the proposed changes
                                                  impacts to noise and air emissions                      The FAA’s objective while working with                to the FOIA and Privacy Act regulations,
                                                  relative to the change of the EWR                       carriers under the Level 2 process is to              and for providing very useful feedback.
                                                  designation from Level 3 to Level 2.                    appropriately balance and maximize the                First Public Comment
                                                  Based on the screening, the FAA has                     use of the available runway capacity at
                                                  determined that this action may be                      EWR while maintaining an acceptable                      The first commenter expressed
                                                  categorically excluded from further                     level of delay.                                       concern about the proposal for the
                                                  environmental analysis according to                                                                           Department to charge a fee of 15 cents
                                                                                                            Issued in Washington, DC on April 1, 2016.
                                                  FAA Order 1050.1, ‘‘Environmental                                                                             per page of duplication. The commenter
                                                                                                          Daniel E. Smiley,
                                                  Impacts: Policies and Procedures,’’                                                                           pointed out that present day
                                                                                                          Acting Vice President, System Operations              photocopying and scanning is relatively
                                                  paragraph 5–6.6.f. Specifically,                        Services.
                                                  paragraph 5–6.6.f states that                                                                                 cheap, and expressed a belief that the
                                                                                                          [FR Doc. 2016–07910 Filed 4–1–16; 4:15 pm]            Department’s lease arrangements reflect
                                                  ‘‘Regulations, standards, and
                                                                                                          BILLING CODE 4910–13–P                                a significantly lesser per page cost than
                                                  exemptions (excluding those which if
                                                  implemented may cause a significant                                                                           15 cents; in addition, he stated that
                                                  impact on the human environment)’’ are                                                                        other agencies’ costs vary and might be
                                                  categorically excluded from further                     DEPARTMENT OF STATE                                   lower, and no evidence was provided on
                                                  environmental review.                                                                                         how the Department formulated the fee.
                                                                                                          22 CFR Part 171                                       He stated that some other agencies have
                                                     The FAA conducted noise screening
                                                  of the proposed action using Area                       RIN 1400–AD44                                         lowered duplication costs in their
                                                  Equivalent Method and determined that                                                                         regulations in the last two years to be in
                                                                                                          [Public Notice: 9510]
                                                  the action does not have the potential to                                                                     line with actual direct costs.
                                                  cause a significant impact on noise                     Public Access to Information                          Department Response
                                                  levels of noise sensitive areas. In
                                                  addition, the FAA conducted an                          AGENCY:  Department of State.                           The fee charged for photocopying at
                                                  analysis of air emissions using Aviation                ACTION: Final rule.                                   the Department is 15 cents per page,
                                                  Environmental Design Tool and                                                                                 which is charged at a standard rate
                                                  determined that the action does not                     SUMMARY:  The Department of State (the                throughout the Department for copying
                                                  have the potential to cause a significant               Department) finalizes its revisions to its            services. This charge is based on the
                                                  impact on air quality or a violation of                 regulations implementing the Freedom                  costs calculated by examining paper
                                                  Federal, state, tribal, or local air quality            of Information Act (FOIA) and the                     costs, machinery, and services provided
                                                  standards under the Clean Air Act, 42                   Privacy Act. The final rule reflects                  to produce a photocopy. Other agencies
                                                  U.S.C. §§ 7401–7671q. Therefore,                        changes in FOIA and other statutes and                and departments charge FOIA
                                                                                                          consequent changes in the Department’s
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  implementation of the airport level                                                                           duplication fees that range from five
                                                  change is not expected to result in                     procedures since the last revision of the             cents to twenty cents per page. The
                                                  significant adverse impacts to the                      Department’s regulations on this                      Department’s duplication fee of fifteen
                                                  human environment. The                                  subject.                                              cents per page is in line with what other
                                                  implementation of this action is not                    DATES: This rule is effective on May 6,               agencies and departments charge for
                                                  expected to result in any extraordinary                 2016.                                                 duplication. For this reason, the
                                                  circumstances in accordance with FAA                    FOR FURTHER INFORMATION CONTACT:                      Department declines to change the
                                                  Order 1050.1. A copy of the categorical                 Alice Kottmyer, Office of the Legal                   duplication fee as suggested.


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Document Created: 2018-02-07 13:52:14
Document Modified: 2018-02-07 13:52:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionChange of Newark Liberty International Airport (EWR) Designation.
DatesThis designation takes effect on October 30, 2016.
ContactFor questions contact: Susan Pfingstler, System Operations Services, Air Traffic Organization, Federal Aviation Administration, 600 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-6462; email [email protected]
FR Citation81 FR 19861 

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