83 FR 46865 - Operating Limitations at John F. Kennedy International Airport

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 180 (September 17, 2018)

This action extends the Order Limiting Operations at John F. Kennedy International Airport (JFK) published on January 18, 2008, and most recently amended on June 21, 2016. The Order remains effective until October 24, 2020.

[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Rules and Regulations]
[Pages 46865-46867]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20138]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No. FAA-2007-29320]


Operating Limitations at John F. Kennedy International Airport

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Extension to order.

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

SUMMARY: This action extends the Order Limiting Operations at John F. 
Kennedy International Airport (JFK) published on January 18, 2008, and 
most recently amended on June 21, 2016. The Order remains effective 
until October 24, 2020.

DATES: This action is effective on September 17, 2018.

ADDRESSES: Requests may be submitted by mail to 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 Order 
contact: Bonnie C. Dragotto, Regulations Division, FAA Office of the 
Chief Counsel, AGC-240, Room 916N, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone (202) 267-3808; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Documents

    You may obtain an electronic copy using the internet by:
    (1) Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    (2) Visiting the FAA's Regulations and Policies web page at http://www.faa.gov/regulations_policies/; or
    (3) Accessing the Government Printing Office's web page at http://www.gpoaccess.gov/fr/index.html.
    You also may obtain a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW, Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the amendment number or docket number of this 
rulemaking.

Background

    The FAA historically limited the number of arrivals and departures 
at JFK through the implementation of the High Density Rule (HDR).\1\ By 
statute enacted in April 2000, operations were added at JFK through 
provisions permitting exemptions for new entrant carriers and flights 
to small and non-hub airports.\2\ The HDR's applicability to JFK 
operations terminated as of January 1, 2007.\3\ With the AIR-21 
exemptions and the HDR phase-out, some air carriers serving JFK 
significantly increased their scheduled operations throughout the day 
and retimed existing flights. This resulted in scheduled demand in peak 
hours that exceeded the airport's capacity and caused significant 
congestion and delay. In January 2008, the FAA placed temporary limits 
on scheduled operations at JFK to mitigate persistent congestion and 
delays at the airport.\4\ The FAA extended the January 18, 2008, Order 
placing temporary limits on scheduled operations at JFK on October 7, 
2009, April 4, 2011, May 14, 2013, March 26, 2014, and May 24, 2016, as 
corrected June 21, 2016.\5\
---------------------------------------------------------------------------

    \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 required carriers to hold a reservation, which 
came to be known as a ``slot,'' for each takeoff or landing under 
instrument flight rules at the high density traffic airports.
    \2\ Aviation Investment and Reform Act for the 21st Century 
(AIR-21), Public Law 106-181 (Apr. 5, 2000), 49 U.S.C. 41715(a)(2).
    \3\ Id.
    \4\ 73 FR 3510 (Jan. 18, 2008), as amended by 73 FR 8737 (Feb. 
14, 2008).
    \5\ 74 FR 51650; 76 FR 18620; 78 FR 28276; 79 FR 16854; 81 FR 
32636; and, 81 FR 40167.
---------------------------------------------------------------------------

    Under the Order, as amended, the FAA (1) maintains the current 
hourly limits of 81 scheduled operations at JFK during the peak period; 
(2) imposes an 80 percent minimum usage requirement for Operating 
Authorizations (OAs) \6\ with defined exceptions; (3) provides a 
mechanism for withdrawal of OAs for FAA operational reasons; (4) 
establishes procedures to allocate withdrawn, surrendered, or 
unallocated OAs; and (5) allows for trades and leases of OAs for 
consideration for the duration of the Order.
---------------------------------------------------------------------------

    \6\ Also referred to herein as ``slots.''
---------------------------------------------------------------------------

    The reasons for issuing the Order have not changed appreciably 
since it was implemented. Demand for access to JFK remains high and the 
average weekday hourly flights in the busiest hours are generally at 
the limits under this Order. The FAA has reviewed the on-time and other 
performance metrics for the past two years in the peak months--May to 
August 2017 and 2018--and generally found continuing improvements 
relative to the same period in 2008. Year over year trends likewise 
show improved performance overall.\7\ However, the FAA has determined 
that the operational limitations imposed by this Order remain 
necessary. Without the operational limitations imposed by this Order, 
the FAA expects severe congestion-related delays would occur at JFK and 
at other airports throughout the National Airspace System (NAS). The 
FAA will continue to monitor performance and runway capacity at JFK to 
determine if changes are warranted. The FAA, in coordination with the 
Office of the Secretary of Transportation (OST), will also continue to 
consider potential rulemaking to codify policies for slot-controlled 
airports.
---------------------------------------------------------------------------

    \7\ Docket No. FAA-2007-29320 includes a copy of the MITRE 
analysis completed for the FAA.
---------------------------------------------------------------------------

Current Issues

    The FAA has received specific proposals for policy changes that 
would necessitate amending the Orders. For example, several carriers 
have requested a simplified process for the administrative management 
of temporary slot transfers, whereby the marketing and operating 
carriers would not be required to formally transfer slots for operation 
by carriers under common marketing control and whereby the slot holder 
could choose whether the holder or the operator would be responsible 
for reporting slot usage to the FAA. The FAA is considering proposing 
this and other potential changes in a future action taken on the LGA 
and JFK Orders.

[[Page 46866]]

    The FAA is also reviewing the operational performance trends at 
JFK, assessing runway capacity, and modeling the impact of various 
demand scenarios on projected delays in light of the overall improved 
performance previously discussed. Preliminary information indicates 
that operational performance continues to trend upward, particularly 
when compared to performance when the FAA adopted the JFK scheduling 
limits in 2008. However, departure performance remains a concern. There 
is an indication of increased runway throughput in arrival capacity, 
while the departure capacity has remained fairly constant. The FAA is 
evaluating the schedule limits and operational performance goals to 
determine whether additional operations may be added to the current 
hourly limit while still managing delays at acceptable levels and is 
evaluating potential environmental impacts associated with such a 
change. The FAA is also evaluating the impacts of ongoing construction 
at JFK, which is expected to continue through the summer 2019 
scheduling season. The Orders expire at the end of the current summer 
scheduling season and carriers are already planning winter schedules. 
There is insufficient time to publish for comment proposed amendments, 
adjudicate comments, and issue a final Order before the Orders expire. 
The FAA has therefore determined to proceed with an extension of the 
Orders, without policy changes, to meet current operational needs and 
allow time to further develop any proposed changes to the Orders. The 
FAA, in coordination with OST, would publish for comment any proposed 
policy changes for JFK and LGA in a separate notice as soon as 
practicable.
    Accordingly, the FAA is extending the expiration date of this Order 
until October 24, 2020. This expiration date coincides with the 
extended expiration date for the Order limiting scheduled operations at 
LGA, as also extended by action published in today's Federal Register. 
The FAA finds that notice and comment procedures under 5 U.S.C. 553(b) 
are impracticable, unnecessary, and contrary to the public interest, as 
carriers have begun planning schedules for the winter 2018/2019 season 
and no significant substantive changes are included in this action. For 
these reasons, the FAA also finds that it is impracticable and contrary 
to the public interest to delay the effective date of this action under 
5 U.S.C. 553(d).
    The FAA has received multiple inquiries (both informal and formal) 
recently from carriers as well as the Port Authority of New York and 
New Jersey requesting information on the FAA's current process for 
establishing and allocating available capacity. The Order is the 
equivalent of limited local rules as referenced in the Worldwide Slot 
Guidelines (WSG) published by the International Air Transport 
Association and takes precedence over the WSG where there are 
differences. At JFK, the FAA follows the WSG in many respects such as 
new entrant priority \8\ and consideration of schedule constraints such 
as terminal, gate, parking, customs and immigration, curfews, and 
similar operational factors.
---------------------------------------------------------------------------

    \8\ Under current policy and procedures, the FAA applies the 
definitions for ``new entrant'' as set forth in the WSG, which is 
``an airline requesting a series of slots at an airport on any day 
where, if the airline's request were accepted, it would hold fewer 
than 5 slots at that airport on that day.
---------------------------------------------------------------------------

    Under current rules, the FAA uses an approach adapted from the WSG 
for reallocating available OAs at JFK.\9\ This includes applying 
priorities for new entrant airlines, the retiming of historic slots, 
and allocation of remaining available capacity. The FAA also considers 
factors such as delays or operational performance in certain hours or 
periods when the allocation is above the limits in adjacent hours. In 
general, the FAA reviews retiming requests to move from less congested 
hours to more congested hours in a similar manner to a new request. New 
entrants may receive a higher priority in the case of competing 
requests. The FAA also maintains a waiting list of carrier requests 
that could not be accommodated in prior scheduling seasons, if 
requested by the initial submission deadline, and prioritizes such 
requests over requests for new slots submitted after the initial 
submission deadline. Carriers that obtain temporary slot swaps to meet 
their operational needs do not lose priority on the waiting list for 
permanent slot allocations. The priorities considered by the FAA under 
established policy and practice when allocating OAs on a permanent or 
temporary basis are set forth in new paragraph 11 of the Amended Order.
---------------------------------------------------------------------------

    \9\ In making allocation decisions, the FAA may not under its 
independent authority consider the markets to be served, the 
aircraft to be used, potential competition benefits associated with 
a carrier or service in particular markets, or the potential 
economic benefits of a particular flight.
---------------------------------------------------------------------------

The Amended Order

    The Order, as amended, is recited below in its entirety.
    1. This Order continues the process for assigning operating 
authority to conduct an arrival or a departure at JFK during the 
affected hours to any certificated U.S. air carrier or foreign air 
carrier. The FAA will not assign operating authority under this Order 
to any person or entity other than a certificated U.S. or foreign air 
carrier with appropriate economic authority and FAA operating authority 
under 14 CFR part 121, 129, or 135. This Order applies to the 
following:
    a. All U.S. air carriers and foreign air carriers conducting 
scheduled operations at JFK as of the date of this Order, any U.S. air 
carrier or foreign air carrier that operates under the same designator 
code as such a carrier, and any air carrier or foreign-flag carrier 
that has or enters into a codeshare agreement with such a carrier.
    b. All U.S. air carriers or foreign air carriers initiating 
scheduled or regularly conducted commercial service to JFK while this 
Order is in effect.
    c. The Chief Counsel of the FAA, in consultation with the Vice 
President, System Operations Services, is the final decision maker for 
determinations under this Order.
    2. This Order governs scheduled arrivals and departures at JFK from 
6 a.m. through 10:59 p.m., Eastern Time, Sunday through Saturday.
    3. This Order takes effect on March 30, 2008, and will expire 
October 24, 2020.
    4. Under the authority provided to the Secretary of Transportation 
and the FAA Administrator by 49 U.S.C. 40101, 40103 and 40113, we 
hereby order that:
    a. No U.S. air carrier or foreign air carrier initiating or 
conducting scheduled or regularly conducted commercial service at JFK 
may conduct such operations without an Operating Authorization assigned 
by the FAA.
    b. Except as otherwise authorized by the FAA based on historic 
precedence, scheduled U.S. air carrier and foreign air carrier arrivals 
and departures will not exceed 81 per hour from 6 a.m. through 10:59 
p.m., Eastern Time.
    c. The Administrator may change the limits if he determines that 
capacity exists to accommodate additional operations without a 
significant increase in delays.
    5. For administrative tracking purposes only, the FAA will assign 
an identification number to each Operating Authorization.
    6. A carrier holding an Operating Authorization may request the 
Administrator's approval to move any arrival or departure scheduled 
from 6 a.m. through 10:59 p.m. to another half hour within that period. 
Except as provided in paragraph 7, the carrier must receive the written 
approval of the Administrator, or his delegate, prior to conducting any 
adjusted arrival or departure. All requests to move an

[[Page 46867]]

allocated Operating Authorization must be submitted to the FAA Slot 
Administration Office, facsimile (202) 267-7277 or email 7-AWA-
[email protected], and must come from a designated representative of 
the carrier. If the FAA cannot approve a carrier's request to move a 
scheduled arrival or departure, the carrier may then apply for a trade 
in accordance with paragraph 7.
    7. For the duration of this Order, a carrier may enter into a lease 
or trade of an Operating Authorization to another carrier for any 
consideration. Notice of a trade or lease under this paragraph must be 
submitted in writing to the FAA Slot Administration Office, facsimile 
(202) 267-7277 or email [email protected], and must come from a 
designated representative of each carrier. The FAA must confirm and 
approve these transactions in writing prior to the effective date of 
the transaction. The FAA will approve transfers between carriers under 
the same marketing control up to five business days after the actual 
operation, but only to accommodate operational disruptions that occur 
on the same day of the scheduled operation. The FAA's approval of a 
trade or lease does not constitute a commitment by the FAA to grant the 
associated historical rights to any operator in the event that slot 
controls continue at JFK after this order expires.
    8. A carrier may not buy, sell, trade, or transfer an Operating 
Authorization, except as described in paragraph 7.
    9. Historical rights to Operating Authorizations and withdrawal of 
those rights due to insufficient usage will be determined on a seasonal 
basis and in accordance with the schedule approved by the FAA prior to 
the commencement of the applicable season.
    a. For each day of the week that the FAA has approved an operating 
schedule, any Operating Authorization not used at least 80% of the time 
over the time-frame authorized by the FAA under this paragraph will be 
withdrawn by the FAA for the next applicable season except:
    i. The FAA will treat as used any Operating Authorization held by a 
carrier on Thanksgiving Day, the Friday following Thanksgiving Day, and 
the period from December 24 through the first Saturday in January.
    ii. The Administrator of the FAA may waive the 80% usage 
requirement in the event of a highly unusual and unpredictable 
condition which is beyond the control of the carrier and which affects 
carrier operations for a period of five consecutive days or more.
    b. Each carrier holding an Operating Authorization must forward in 
writing to the FAA Slot Administration Office a list of all Operating 
Authorizations held by the carrier along with a listing of the 
Operating Authorizations and:
    i. The dates within each applicable season it intends to commence 
and complete operations.
    A. For each winter scheduling season, the report must be received 
by the FAA no later than August 15 during the preceding summer.
    B. For each summer scheduling season, the report must be received 
by the FAA no later than January 15 during the preceding winter.
    ii. The completed operations for each day of the applicable 
scheduling season:
    A. No later than September 1 for the summer scheduling season.
    B. No later than January 15 for the winter scheduling season.
    iii. The completed operations for each day of the scheduling season 
within 30 days after the last day of the applicable scheduling season.
    10. In the event that a carrier surrenders to the FAA any Operating 
Authorization assigned to it under this Order or if there are 
unallocated Operating Authorizations, the FAA will determine whether 
the Operating Authorizations should be reallocated. The FAA may 
temporarily allocate an Operating Authorization at its discretion. Such 
temporary allocations will not be entitled to historical status for the 
next applicable scheduling season under paragraph 9.
    11. The FAA considers the following factors and priorities in 
allocating Operating Authorizations, which the FAA has determined are 
available for reallocation--
    a. Historical requests for allocation of an Operating Authorization 
in the same time;
    b. New entrant status;
    c. Retiming of historic Operating Authorizations;
    d. Extension of a seasonal Operating Authorization to year-round 
service;
    e. The effective period of operation;
    f. The extent and regularity of intended use with priority given to 
year-round services;
    g. The operational impacts of scheduled demand, including the 
hourly and half-hour demand and the mix of arrival and departure 
flights; and
    h. Airport facility constraints.
    Any carrier that is not approved for allocation of an Operating 
Authorization by the FAA may request it be placed on a waiting list for 
consideration should an Operating Authorization in the requested time 
become available during that scheduling season.
    12. If the FAA determines that an involuntary reduction in the 
number of allocated Operating Authorizations is required to meet 
operational needs, such as reduced airport capacity, the FAA will 
conduct a weighted lottery to withdraw Operating Authorizations to meet 
a reduced hourly or half-hourly limit for scheduled operations. The FAA 
will provide at least 45 days' notice unless otherwise required by 
operational needs. Any Operating Authorization that is withdrawn or 
temporarily suspended will, if reallocated, be reallocated to the 
carrier from which it was taken, provided that the carrier continues to 
operate scheduled service at JFK.
    13. The FAA may enforce this Order through an enforcement action 
seeking a civil penalty under 49 U.S.C. 46301(a). The FAA also could 
file a civil action in U.S. District Court, under 49 U.S.C. 46106, 
46107, seeking to enjoin any carrier from violating the terms of this 
Order.
    14. The FAA may modify or withdraw any provision in this Order on 
its own or on application by any carrier for good cause shown.

    Issued in Washington, DC, on September 11, 2018.
Jeffrey Planty,
Deputy Vice President, System Operations Services.
[FR Doc. 2018-20138 Filed 9-14-18; 8:45 am]
BILLING CODE 4910-13-P