Unknown. Extension of limited waiver of the slot usage requirement
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/register/2023/08/14/2023-17419·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2023-08-14.xml --- 88 155 Monday, August 14, 2023 Contents Agriculture Agriculture Department See Food and Nutrition Service Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: AI Infrastructure Alliance, Inc., 55069 2023-17345 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement RULES Reorganization of Title 30; Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf;
Correction, 54880 2023-17421 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55049-55050 2023-17378 Fees for Cruise Ship Operational Sanitation, Construction, and Renovation Inspections, 55048-55049 2023-17392 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Replication of Recovery and Reunification Interventions for Families-Impact Study, 55050-55051 2023-17364 Civil Rights Civil Rights Commission NOTICES Meetings:
Northern Mariana Islands Advisory Committee, 55007 2023-17295 Washington Advisory Committee, 55007-55008 2023-17296 2023-17298 Coast Guard Coast Guard RULES Safety Zone: Ohio River Mile Markers 90.4-91, Wheeling, WV, 54880-54882 2023-17380 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission RULES Ban of Crib Bumpers, 54878-54880 2023-17355 Drug Drug Enforcement Administration NOTICES Decision and Order:
David H. Marcowitz, DO, 55069-55070 2023-17386 Debora Ryder, N.P., 55074-55076 2023-17383 Olga Wildfeuer, MD, 55071-55072 2023-17382 Stephen K. Jones, MD, 55072-55074 2023-17385 Weise Prescription Shop Inc., 55070-55071 2023-17389 Yogeshwar Gill, MD, 55076-55077 2023-17391 Education Department Education Department RULES Final Priorities, Requirements, Definitions, and Selection Criteria: Perkins Innovation and Modernization Grant Program, 54882-54899 2023-17227 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Loan Discharge Application: Forgery, 55033-55034 2023-17396 Applications for New Awards: Perkins Innovation and Modernization Grant Program, 55019-55033 2023-17226 Employee Benefits Employee Benefits Security Administration NOTICES Exemption from Certain Prohibited Transaction Restrictions: Liberty Media 401(k) Savings Plan and the Liberty Media 401(k) Savings Plan Trust Located in Englewood, CO, 55078-55080 2023-17317 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program:
Standards for Consumer Boilers, 55128-55217 2023-16476 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Second 10-Year Maintenance Plan for the Coso Junction PM-10 Planning Area; California; Correcting Amendment, 54899 2023-17010 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Colorado; Serious Attainment Plan Elements and Related Revisions for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area, 54975-54982 2023-16578 New Jersey;
Redesignation of the Warren County 1971 Sulfur Dioxide Nonattainment Area to Attainment and Approval of the Area's Maintenance Plan, 54983-54996 2023-16649 Ohio; Volatile Organic Compounds, 54996-54998 2023-17337 Wyoming; Interstate Transport of Air Pollution for the 2015 8-Hour Ozone National Ambient Air Quality Standards, 54998-55006 2023-16441 Clean Water Act Tribal and State Program Regulation, 55276-55330 2023-15284 State Coal Combustion Residuals Permit Program: Alabama;
Denial, 55220-55274 2023-17023 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Greenhouse Gas Reduction Fund Accomplishment Reporting, 55035-55036 2023-17202 School Integrated Pest Management Awards Program, 55039-55040 2023-17361 Approval of Amended Certification Plans: Certifying Authorities' Amended Plans for Certification of Commercial and Private Applicators of Restricted Use Pesticides; Batch Three, 55037-55039 2023-17362 Cumulative Risk Assessment Guidelines for Planning and Problem Formulation;
Extension of the Comment Period, 55036-55037 2023-17314 Meetings: Renewable Fuel Standard Program Compliance; Webinar, 55040 2023-17310 Federal Aviation Federal Aviation Administration RULES Staffing Related Relief Concerning Operations at Ronald Reagan Washington National Airport, John F. Kennedy International Airport, LaGuardia Airport, and Newark Liberty International Airport, September 16, 2023, through October 28, 2023, 54873-54875 2023-17419 PROPOSED RULES Airspace Designations and Reporting Points:
Darwin, MN, 54959-54961 2023-17359 Harrisburg, PA, 54956-54959 2023-17349 Uvalde, TX, 54955-54956 2023-17322 Vicinity of York, KY, 54952-54955 2023-17360 Airworthiness Directives: Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 54949-54952 2023-17017 ATR—GIE Avions de Transport Regional Airplanes, 54944-54946 2023-17354 Bombardier, Inc., Airplanes, 54946-54949 2023-17000 Dassault Aviation Airplanes, 54933-54939 2023-16897 2023-17353 Deutsche Aircraft GmbH (Type Certificate Previously Held by 328 Support Services GmbH;
AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes, 54939-54941 2023-17001 Embraer S.A. Airplanes, 54941-54944 2023-16989 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55040-55042 2023-17415 2023-17416 Privacy Act; Matching Program, 55042-55043 2023-17417 Federal Emergency Federal Emergency Management Agency NOTICES Changes in Flood Hazard Determinations, 55061-55064 2023-17346 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 55034-55035 2023-17381 Federal Maritime Federal Maritime Commission NOTICES Filing of Complaint and Assignment:
TIR Auto Transport LLC v. V and S Brothers Inc. and V and S Cargo Inc., 55043 2023-17313 Federal Motor Federal Motor Carrier Safety Administration NOTICES Waiver Provision: California and Washington Meal and Rest Break Rules, 55111-55112 2023-17463 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 55044 2023-17335 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 55043-55044 2023-17336 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 55044-55048 2023-17420 Food and Drug Food and Drug Administration NOTICES Meetings: Microbiology Devices Panel of the Medical Devices Advisory Committee, 55051-55053 2023-17287 Statement of Organization, Functions, and Delegations of Authority, 55053-55054 2023-17379 Food and Nutrition Food and Nutrition Service PROPOSED RULES Food Distribution Programs: Improving Access and Parity, 54908-54933 2023-17467 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Actions, 55120 2023-17369 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 55054 2023-17395 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Request for Comments: Improving Access to Public Benefit Programs; Extension, 55066-55067 2023-17502 Industry Industry and Security Bureau RULES Expansion of Nuclear Nonproliferation Controls on the People's Republic of China and Macau, 54875-54877 2023-17243 Interior Interior Department See Bureau of Safety and Environmental Enforcement Internal Revenue Internal Revenue Service NOTICES Meetings:
Taxpayer Advocacy Panel Joint Committee, 55120-55121 2023-17294 Taxpayer Advocacy Panel Taxpayer Assistance Center Improvements Project Committee, 55122 2023-17288 Taxpayer Advocacy Panel Taxpayer Communications Project Committee, 55121 2023-17291 Taxpayer Advocacy Panel's Notices and Correspondence Project Committee, 55122 2023-17293 Taxpayer Advocacy Panel's Special Projects Committee, 55121 2023-17290 Taxpayer Advocacy Panel's Tax Forms and Publications Project Committee, 55122 2023-17289 Taxpayer Advocacy Panel's Toll-Free Phone Lines Project Committee, 55121 2023-17292 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Cut-to-Length Carbon Steel Plate from the Russian Federation, 55012-55013 2023-17407 Emulsion Styrene-Butadiene Rubber from Brazil, the Republic of Korea, Mexico, and Poland, 55011-55012 2023-17409 Forged Steel Fluid End Blocks from Italy, 55010-55011 2023-17408 Wooden Bedroom Furniture from the People's Republic of China, 55009-55010 2023-17410 Meetings: Advisory Committee on Supply Chain Competitiveness, 55008-55009 2023-17315 International Trade Com International Trade Commission NOTICES Investigations;
Determinations, Modifications, and Rulings, etc.: Certain Computer Network Security Equipment and Systems, Related Software, Components Thereof, and Products Containing Same, 55067-55068 2023-17341 Steel Wire Garment Hangers from Taiwan and Vietnam, 55068 2023-17340 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Proposed Consent Decree: Clean Air Act, 55077-55078 2023-17312 Labor Department Labor Department See Employee Benefits Security Administration See Mine Safety and Health Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Application for Use of Public Space by Non-DOL Agencies in the Frances Perkins Building, 55080-55081 2023-17325 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: War Risk Insurance, Applications and Related Information, 55113 2023-17331 Coastwise Endorsement Eligibility Determination for a Foreign-Built Vessel: BRNO (Sail), 55117-55118 2023-17323 Capitan De Agua Dulce (Motor), 55114-55115 2023-17324 Dream Catcher (Motor), 55113-55114 2023-17326 Prosecco (Motor), 55119-55120 2023-17327 Salt Pondering (Motor), 55116-55117 2023-17328 Seas the Day (Sail), 55118-55119 2023-17329 The Nautilus (Motor), 55115-55116 2023-17330 Mine Mine Safety and Health Administration PROPOSED RULES Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection, 54961 2023-17370 National Institute National Institutes of Health NOTICES Meetings:
Center for Scientific Review, 55055 2023-17316 National Institute of Allergy and Infectious Diseases, 55054-55055, 55057-55058 2023-17397 2023-17398 Request for Letters of Interest: NCI-ComboMATCH Laboratories, 55055-55057 2023-17352 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Northeast Multispecies Fishery; Fishing Year 2023 Recreational Management Measures, 54899-54907 2023-17321 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Citizen Science and Crowdsourcing Projects, 55014-55015 2023-17375 Meetings: New England Fishery Management Council, 55015-55016 2023-17404 2023-17405 2023-17406 Pacific Fishery Management Council, 55016-55018 2023-17411 2023-17412 Permits; Applications, Issuances, etc.: Marine Mammals and Endangered Species, 55013-55014 2023-17286 Marine Mammals; File No. 27155, 55017 2023-17299 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 55081 2023-17358 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Licenses;
Exemptions, Applications, Amendments etc.: Order Suspending General License Authority to Export Special Nuclear Material, Source Material, and Deuterium for Nuclear End Use to the People's Republic of China, 55081-55082 2023-17394 Investment Security Office of Investment Security PROPOSED RULES U.S. Investments in Certain National Security Technologies and Products in Countries of Concern, 54961-54972 2023-17164 Personnel Personnel Management Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Application to Make Deposit or Redeposit; Application to Make Service Credit Payment for Civilian Service, 55082-55083 2023-17338 Research Agreement Application for the Use of OPM Record-Level Data, 55083 2023-17339 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 55083-55084 2023-17402 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55088-55089, 55099-55100 2023-17319 2023-17320 Meetings;
Sunshine Act, 55089 2023-17479 Self-Regulatory Organizations; Proposed Rule Changes: MIAX Emerald, LLC, 55096-55099 2023-17304 MIAX PEARL, LLC, 55107-55109 2023-17305 Nasdaq BX, Inc., 55090-55092 2023-17303 Nasdaq GEMX, LLC, 55084-55086 2023-17306 Nasdaq ISE, LLC, 55104-55107 2023-17307 Nasdaq MRX, LLC, 55092-55094 2023-17308 Nasdaq PHLX, LLC, 55094-55096 2023-17300 National Securities Clearing Corp., 55100-55104 2023-17302 The Nasdaq Stock Market, LLC, 55086-55088 2023-17301 State Department State Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Birth Affidavit, Affidavit Regarding a Change of Name, and Statement of Non-Receipt of a United States Passport, 55110-55111 2023-17368 Meetings, 55109-55110 2023-17347 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55058-55061 2023-17393 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service See Office of Investment Security NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 55123 2023-17399 DFC U.S. International Development Finance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55018-55019 2023-17098 2023-17390 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Online Account Access, 55065-55066 2023-17377 Veteran Affairs Veterans Affairs Department PROPOSED RULES Health Professional Scholarship Program, 54972-54975 2023-17318 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Requirements for Recognition as a VA Accredited Organization, 55124 2023-17400 Meetings: Public Listening Sessions to Inform Standards of Practice, 55124-55125 2023-17309 Research Advisory Committee on Gulf War Veterans' Illnesses, 55123-55124 2023-17348 Separate Parts In This Issue Part II Energy Department, 55128-55217 2023-16476 Part III Environmental Protection Agency, 55220-55274 2023-17023 Part IV Environmental Protection Agency, 55276-55330 2023-15284 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 88 155 Monday, August 14, 2023 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 93 Staffing Related Relief Concerning Operations at Ronald Reagan Washington National Airport, John F.
Kennedy International Airport, LaGuardia Airport, and Newark Liberty International Airport, September 16, 2023, Through October 28, 2023 AGENCY: Federal Aviation Administration (FAA), Department of Transportation. ACTION: Extension of limited waiver of the slot usage requirement. SUMMARY: The FAA has determined to extend through October 28, 2023, the limited, conditional waiver of the minimum usage requirement that applies to Operating Authorizations or “slots” at John F. Kennedy International Airport (JFK), New York LaGuardia Airport (LGA), and Ronald Reagan Washington National Airport
(DCA)due to post-pandemic effects on Air Traffic Controller
(ATC)staffing at the New York Terminal Radar Approach Control (TRACON) facility
(N90)the FAA has already made available through September 15, 2023. Carriers will be permitted to voluntarily turn in up to 10 percent of their slots held at JFK and LGA as well as impacted slots at DCA for the period from September 16, 2023, through October 28, 2023. In addition, the FAA has determined to extend through October 28, 2023, the limited policy for prioritizing returned operations at Newark Liberty International Airport
(EWR)due to post-pandemic effects on ATC staffing at N90 for purposes of establishing a carrier's operational baseline in the next corresponding season. Carriers will be permitted to voluntarily turn in up to 10 percent of their approved operating timings at EWR for the period from September 16, 2023, through October 28, 2023. These extensions through October 28, 2023, are available on the same conditions and limitations as the relief that the FAA already has announced through September 15, 2023. Carriers seeking to take advantage of this relief must identify the slots and approved operating timings they wish to return to the FAA before September 2, 2023. DATES: This action is effective August 14, 2023. ADDRESSES: Requests may be submitted by mail to the Slot Administration Office, System Operations Services, AJR-0, Room 300W, 800 Independence Avenue SW, Washington, DC 20591, or by email to: *7-awa-slotadmin@faa.gov.* FOR FURTHER INFORMATION CONTACT: For questions concerning this notice contact: Al Meilus, Slot Administration and Capacity Analysis, FAA ATO System Operations Services, AJR-G5, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone 202-267-2822; email *al.meilus@faa.gov.* SUPPLEMENTARY INFORMATION: Background In the notice that FAA issued on March 22, 2023, the FAA announced certain relief from May 15, 2023, through September 15, 2023, allowing carriers to return operations at DCA, EWR, JFK, and LGA due to post-pandemic effects on ATC staffing at the N90. 1 N90 provides ATC services to overhead flights in the Northeast corridor and to the New York City area airports, including JFK, LGA, and EWR. The airspace complexity resulting from the close proximity of the major commercial airports serving the New York City region is a significant contributing factor to delays at JFK, LGA, and EWR. The FAA acknowledges that temporary safety mitigations put in place in response to the COVID-19 pandemic impacted controller training. Dedicated training initiatives have been successful in reducing most of the training backlog, with the exception of N90. The staffing shortfalls at N90 limit FAA's ability to provide expeditious services to aircraft operators and their passengers that traverse this airspace. 1 *See* Staffing Related Relief Concerning Operations at Ronald Reagan Washington National Airport, John F. Kennedy International Airport, LaGuardia Airport, and Newark Liberty International Airport, May 15, 2023, Through September 15, 2023, 88 FR 18032, (Mar. 27, 2023.) The relief provided by the FAA during the peak of the summer season has provided stability at the NYC area airports. During the period of May 15, 2023, through June 30, 2023, the total number of scheduled operations at JFK, LGA and EWR, compared to the same period in 2022, was up about one
(1)percent while cancellations were down about 40 percent, and Ground Delay Programs
(GDPs)and Ground Stops (GSs), were down 20 percent. The FAA continues to monitor performance at N90 and assess options for addressing the staffing shortages. As FAA efforts will not be completed in time to address the near-term anticipated operational impacts in the remainder of the summer 2023 scheduling season, the FAA plans to extend the existing relief until October 28, 2023. Petitions Received On June 28, 2023, the FAA received a petition from United Airlines, Inc. (United) requesting an extension of the current Summer 2023 limited waiver through the end of the summer 2023 season, October 28, 2023. 2 United stated that, “Historically, slots and timings are set for entire seasons, enhancing predictability, and effecting the baseline for the next corresponding season.” 3 Without an extension of the current waiver, United states that it will “be forced to resume operating all slots at LGA and return to its full baseline level of operations at EWR.” United also stated that the FAA has not transferred responsibility for the Newark radar sector from N90 to the Philadelphia TRACON (PHL). 2 The FAA received a letter dated July 26, 2023, from American Airlines, Inc. requesting that the FAA extend the current limited, conditional waiver of the minimum usage requirement through the summer 2023 season as well as the winter 2023/2024 season. The FAA will address this request, and any other received request for the winter 2023/2024 season separately. 3 United at 1. On August 7, 2023, the FAA received a petition from Airlines for America
(A4A)requesting identical relief to that requested by United. In addition, A4A requested the FAA “make public the data relating to progress on hiring and certifying air traffic controllers at critical facilities.” Standard At JFK and LGA, each slot must be used at least 80 percent of the time. 4 Slots not meeting the minimum usage requirements will be withdrawn. The FAA may waive the 80 percent usage requirement in the event of a highly unusual and unpredictable condition that is beyond the control of the slot-holding air carrier, and which affects carrier operations for a period of five consecutive days or more. 5 4 Operating Limitations at John F. Kennedy International Airport, 87 FR 65161 (Oct. 28, 2022); Operating Limitations at New York LaGuardia Airport, 87 FR 65159 (Oct. 28, 2022). 5 At JFK, 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. *See* JFK Order, 87 FR at 65163. At LGA, any operating authorization not used at least 80 percent of the time over a two-month period will be withdrawn by the FAA. *See* LGA Order, 87 FR at 65160. At DCA, any slot not used at least 80 percent of the time over a two-month period will also be recalled by the FAA. 6 The FAA may waive this minimum usage requirement in the event of a highly unusual and unpredictable condition that is beyond the control of the slot-holding carrier, and which exists for a period of nine or more days. 7 6 *See* 14 CFR 93.227(a). 7 *See* 14 CFR 93.227(j). When deciding historical rights to allocated slots, including whether to grant a waiver of the usage requirement, the FAA seeks to ensure the efficient use of valuable aviation infrastructure and maximize the benefits to both airport users and the traveling public. This minimum usage requirement is expected to accommodate routine cancellations under all but the most unusual circumstances. Carriers proceed at risk if they decide on slot usage in anticipation of the FAA granting a slot usage waiver. Analysis Typically, cancellations due to ATC staffing delays are accounted for by the 20 percent non-utilization allowed under the minimum usage requirement; however, due to the extent of N90 staffing shortfalls and the increase in scheduled operations, the effects of N90 staffing shortfalls are a highly unusual and unpredictable condition beyond the control of carriers that will impact operations through the remainder of the summer 2023 scheduling season. Given this fact, along with the fact that slots and timings are historically set for entire seasons, as United noted, the FAA will waive the minimum slot usage requirements at JFK and LGA, and apply a similar policy of prioritizing returned operations at EWR, to enable scheduling and operational stability during significant NAS impact days through the remainder of the Summer 2023 season. In addition, because New York-DCA is a high-frequency market for multiple carriers, the FAA recognizes this market is a likely target for carriers to consolidate flights while retaining their network connectivity. If carriers choose to reduce their schedules in the New York-DCA market, the FAA encourages carriers to utilize their DCA slots to operate to other destinations, to the extent that is practical. However, if carriers are unable to utilize their DCA slots elsewhere, it would be necessary to provide relief to DCA slots that are impacted by the reduction in operations at the New York airports. The FAA previously mentioned in the current Summer 2023 waiver that the FAA was progressing towards a solution to the N90 staffing issues, based on moving responsibility for the Newark, New Jersey radar sector from N90 to the PHL. 8 As FAA continues to evaluate solutions, the FAA finds a basis for granting the petition for relief. 8 *See* Staffing Related Relief Concerning Operations at Ronald Reagan Washington National Airport, John F. Kennedy International Airport, LaGuardia Airport, and Newark Liberty International Airport, May 15, 2023, Through September 15, 2023, 88 FR 18032, (Mar. 27, 2023.) Without an extension of this waiver, carriers would be forced to increase their scheduled operations from September 16, 2023, through October 28, 2023, to meet usage requirements. This waiver will give carriers the ability to reduce operations during the remainder of the summer travel period and reduce corresponding delays which are likely to be exacerbated by the effects of ATC staffing shortfalls on significant NAS impact days. Carriers should be on notice that N90 staffing shortfalls will not form a sufficient basis for relief for the summer 2023 season beyond this waiver because carriers will have had sufficient opportunity to plan and take remedial action under this waiver policy. The FAA does not foresee providing additional post-hoc relief associated with ATC staffing given the extraordinary relief provided here. Decision The FAA has determined that the current post-pandemic effects on N90 staffing meet the applicable waiver standards for the remainder of the summer 2023 scheduling season. Given carriers' historical scheduling practices and the experience of the summer 2023 season, the FAA finds it appropriate to extend the limited waiver of minimum slot usage requirements at JFK and LGA to allow carriers to return up to
(10)ten percent of their slots at each airport voluntarily as well as impacted operations between DCA and the New York airports from September 16, 2023, through October 28, 2023. In addition, the FAA has determined that the current post-pandemic effects on N90 staffing warrant an extension of the limited policy for prioritizing returned operations at EWR to allow carriers to return
(10)ten percent of their approved operating timings voluntarily from September 16, 2023, through October 28, 2023, for purposes of establishing a carrier's operational baseline in the next corresponding season. Carriers wishing to return their slots and approved operating timings voluntarily must do so before September 2, 2023, *i.e.,* at least 14 days prior to, to be eligible for this waiver. If carriers participating in this limited waiver at EWR subsequently operate unapproved flights at that airport, those carriers will forfeit their scheduling preference to an equal number of returned approved operating timings chosen at the FAA's discretion for the subsequent equivalent traffic season. Additionally, any other relief from minimum slot usage requirements or standard level 2 processes already in effect at JFK, LGA, or EWR will factor into the
(10)ten percent of allowable returns. In other words, any returns made under a relief policy already in effect when this notice is published will count towards the carrier's 10 percent of allowable returns. Further, the FAA encourages carriers to up-gauge aircraft serving the affected airports to the extent possible to maintain passenger throughput and minimize the impact on consumers. The FAA will not reallocate the returned slots or approved operating timings at JFK, LGA, or EWR. Carriers are encouraged to utilize their DCA slots in other markets before returning them to the FAA. In the event DCA slots are returned under this waiver, other carriers will have an opportunity to operate the slots on an *ad hoc* basis without historic precedence to serve markets other than New York. In addition, the FAA acknowledges A4A's request for data relating to air traffic controller staffing at critical facilities, given the breadth of this request and the timing of this notice the agency's response to this request will be forthcoming. The FAA will treat as used the specific slots returned in accordance with the conditions in this notice for the period from September 16, 2023, through October 28, 2023. The relief is subject to the following conditions: 1. The specific slots and approved operating timings must be returned to the FAA before September 2, 2023. 2. This waiver applies only to slots that have corresponding, scheduled operations during the period of the grant. A carrier returning a slot or approved operating time to FAA for relief under this waiver must identify corresponding scheduled operations. The FAA may validate information against published schedule data prior to issuance of this notice, and other operational data maintained by FAA. Slots or operating times returned without an associated scheduled and canceled operation will not receive relief. 3. Slots or approved operating timings newly allocated for initial use before October 28, 2023, are not eligible for relief. 4. Slots authorized at DCA by the Department of Transportation or FAA exemptions are not eligible for relief. Issued in Washington, DC, August 9, 2023. Marc A. Nichols, Chief Counsel. Alyce Hood-Fleming, Vice President, System Operations Services. [FR Doc. 2023-17419 Filed 8-11-23; 8:45 am]
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