Unknown. Limited waiver of the slot usage requirement
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/register/2023/09/20/2023-20416·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-2023-09-20.xml --- 88 181 Wednesday, September 20, 2023 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64881 2023-20330 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Establishment of Viticultural Area: Nine Lakes of East Tennessee, 64846-64853 2023-20346 Centers Disease Centers for Disease Control and Prevention NOTICES National One Health Framework:
Zoonotic Diseases and Advance Public Health Preparedness in the United States: A Framework for One Health Coordination and Collaboration across Federal Agencies, 64913-64914 2023-20338 Civil Rights Civil Rights Commission NOTICES Meetings: Nevada Advisory Committee, 64882 2023-20288 New York Advisory Committee, 64883-64884 2023-20365 Ohio Advisory Committee, 64881-64882 2023-20376 U.S. Virgin Islands Advisory Committee, 64883 2023-20374 Coast Guard Coast Guard RULES Safety Zones:
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Farm, Ranch, and Rural Communities Advisory Committee, 64910 2023-20336 Pesticide Product Registration: Applications for New Uses, August 2023, 64909-64910 2023-20380 Federal Aviation Federal Aviation Administration RULES Instrument Flight Rules Altitudes, 64795-64803 2023-20316 Limited Waiver of the Slot Usage Requirement: Staffing-Related Relief Concerning Operations at Ronald Reagan Washington National Airport, John F. Kennedy International Airport, LaGuardia Airport, and Newark Liberty International Airport, October 29, 2023, through March 30, 2024 (winter 2023/2024) and March 31, 2024, through October 26, 2024 (summer 2024), 64793-64795 2023-20416 NOTICES Submission Deadline for Schedule Information for the Summer 2024 Scheduling Season:
Chicago O'Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, and San Francisco International Airport, 64964-64966 2023-20419 Federal Energy Federal Energy Regulatory Commission NOTICES Application: County of Coconino, AZ, 64906-64907 2023-20361 Green Mountain Power Corp., 64900-64901 2023-20359 Pine Creek Mine, LLC, 64903 2023-20353 Authorization for Continued Project Operation: Beaver City Corp., 64899 2023-20347 Brookfield White Pine, LLC;
Errol Hydroelectric Co., LLC, 64902 2023-20357 City of Nashua, 64906 2023-20360 KEI (Maine) Power Management (III), LLC, 64904 2023-20354 Winooski Hydroelectric Co., 64908 2023-20352 Combined Filings, 64903-64904 2023-20373 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Castle Solar, LLC, 64907 2023-20371 Elektron Solar, LLC, 64907-64908 2023-20370 Horseshoe Solar, LLC, 64908-64909 2023-20369 Northstar Trading, Ltd., 64901 2023-20367 Rocket Solar, LLC, 64901-64902 2023-20368 Sparta Northstar, Ltd., 64899 2023-20366 Request under Blanket Authorization and Establishing Intervention and Protest Deadline:
Texas Eastern Transmission, LP, 64904-64906 2023-20355 Waiver Period for Water Quality Certification Application: Northern States Power Co., Wisconsin, 64902 2023-20358 Federal Highway Federal Highway Administration PROPOSED RULES Work Zone Safety and Mobility and Temporary Traffic Control Devices, 64836-64846 2023-19701 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64970-64971 2023-20337 2023-20339 Agency Information Collection Activities;
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One Species not Warranted for Delisting and Six Species not Warranted for Listing, 64870-64880 2023-20296 Threatened Species Status with Section 4(d) Rule for the Miami Cave Crayfish, 64856-64870 2023-20293 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 64973-64981 2023-20378 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Management Regulation; Statement of Witness, 64912 2023-20384 Living Quarters Eligibility Questionnaire, 64912-64913 2023-20387 System for Award Management Registration Requirements for Financial Assistance Recipients, 64911-64912 2023-20386 Geological Geological Survey NOTICES Requests for Nominations:
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Adjustments to 2023 North Atlantic Albacore Tuna, North and South Atlantic Swordfish, and Atlantic Bluefin Tuna Reserve Category Quotas, 64831-64833 2023-20301 Fisheries of the Exclusive Economic Zone off Alaska: Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area, 64834-64835 2023-20362 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska Region Crab Permits, 64888-64889 2023-20377 Meetings: Advisory Committee Open Session on Management Strategy Evaluation for North Atlantic Swordfish, 64888 2023-20292 Evaluation of New Hampshire Coastal Management Program, 64887 2023-20295 Taking or Importing of Marine Mammals:
Columbia East Lateral XPRESS Project; Correction, 64887-64888 2023-20297 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 64925-64926 2023-20379 National Science National Science Foundation NOTICES Permit Applications: Antarctic Conservation Act, 64929-64930 2023-20364 Patent Patent and Trademark Office NOTICES Elimination of the Postal Postcard in the Patent Center Electronic Office Action Program, 64889-64890 2023-20351 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:
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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. 88 181 Wednesday, September 20, 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, October 29, 2023, Through March 30, 2024 (Winter 2023/2024) and March 31, 2024, Through October 26, 2024 (Summer 2024) AGENCY: Federal Aviation Administration (FAA), Department of Transportation. ACTION: Limited waiver of the slot usage requirement. SUMMARY: The FAA announces a 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). In addition, the FAA is announcing a 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. DATES: This action is effective September 20, 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, Capacity and Slot 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 The New York Terminal Radar Approach Control facility
(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. Against this challenging backdrop, N90 is also facing staffing shortfalls that are impacting its ability to efficiently manage the volume of air traffic in this congested airspace. The FAA has made it a top priority to address these capacity constraints, including by dedicating significant resources to training a new air traffic controller workforce, and these efforts remain ongoing. In addition, based on FAA observations of air carrier operations and recent discussions with industry, there are likely other contributing factors, including air carrier staffing issues on the ground. With demand for air travel at a record high, additional measures are necessary to ensure that the FAA is able to provide expeditious services to aircraft operators and their passengers that traverse this airspace during this time of transition. Early carrier schedules/discussions indicate an increase in operations after October 29, 2023, through most of the winter 2023/2024 scheduling season and for all of the summer 2024 scheduling season. This being the case, the FAA expects increased delays and cancellations in the New York region to exceed those experienced over winter 2022/2023 and summer 2023 if a waiver similar to the one in effect for summer 2023 is not in place for the winter 2023/2024 and summer 2024 scheduling season to allow carriers to reduce schedules without penalties for non-use of slots or previously approved operating times. Reducing schedules will improve the alignment between scheduled operations and actual operations, will help prevent unnecessary delays, will help optimize the efficient use of the airports' resources, and will help deliver passengers to their destinations more reliably and on time. Summary of Petitions Received On July 26th, 2023, the FAA received a petition from American Airlines Inc. (American) requesting an extension of the initial summer 2023 waiver until the end of the IATA winter 2023/2024 season. American contends that extending the relief will support operational integrity in the New York region. In addition, American argues that the winter season leads to unique operational challenges, particularly de-icing, where ramp space increasingly is congested and aircraft have a limited window to depart. On September 1, 2023, the FAA received a petition from Alaska Airlines, Inc. (Alaska) sharing the concerns of other carriers regarding the impact of ATC staffing on airspace management in the New York Area for an additional waiver extension but requested a waiver only through the winter 2023/2024 season. Alaska urges the FAA to use the additional tools at its disposal to help minimize operational disruptions before granting a long-term waiver. Alaska avers that a long-term waiver would fail to appropriately maximize the use of limited slots and potentially hinder new future competition in the New York market. Standard At JFK and LGA, slot-holding carriers must use each assigned slot at least 80 percent of the time. 1 The FAA will withdraw slots not meeting the minimum usage requirements. 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. 2 1 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). 2 At JFK, the FAA will determine historical rights to operating authorizations and withdrawal of those rights due to insufficient usage 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, the FAA will withdraw any operating authorization not used at least 80 percent of the time over a two-month period. *See* LGA Order, 87 FR at 65160. At DCA, the FAA also will recall any slot not used at least 80 percent of the time over a two-month period. 3 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. 4 3 *See* 14 CFR 93.227(a). 4 *See* 14 CFR 93.227(j). In determining 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. The minimum usage requirement is expected to accommodate routine cancellations under all but the most unusual circumstances. Carriers proceed at risk if they make scheduling decisions in anticipation of the FAA granting a slot usage waiver. Analysis Due to the volume of originating and destination flights in the New York City region, as well as the interdependency and complexity of the airspace surrounding JFK, LGA, and EWR, delays caused in part by N90 staffing shortfalls are expected to significantly impact carriers' ability to operate and meet minimum usage requirements in the winter 2023/2024 and summer 2024 scheduling seasons. Absent increased flexibility, the FAA anticipates a high likelihood of congestion and delay at JFK, LGA, and EWR. Typically, the 20 percent non-utilization allowed under the minimum usage requirement accounts for cancellations due to ATC staffing delays; however, the extent of N90 staffing shortfalls and the increase in scheduled operations for the winter 2023/2024 season and expected increase in schedules in the summer 2024 season present a highly unusual and unpredictable condition beyond the control of carriers that will impact operations through the entire winter 2023/2024 and summer 2024 scheduling seasons. A waiver of minimum slot usage requirements at JFK and LGA, and a similar policy of prioritizing returned operations at EWR, is necessary to allow carriers to reduce operations to enable scheduling and operational stability. In addition, because New York City-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 City-DCA market, the FAA encourages, to the extent practical, carriers to utilize their DCA slots to operate to other destinations. However, if carriers choose not to utilize their DCA slots elsewhere, the FAA may consider providing relief to DCA slots that are impacted by the reduction in operations at the New York City airports. Finally, carriers should be aware that the N90 staffing shortfalls will not form a sufficient basis for further relief going forward in the winter 2023/2024 and summer 2024 scheduling seasons 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. Given this relief, operational impacts associated with N90 staffing during the winter 2023/2024 and summer 2024 scheduling season will not have been beyond carriers' control and will not serve as a justification for a separate waiver. Decision The FAA determined that the post-pandemic effects on N90 staffing meet the applicable waiver standards and warrant a limited waiver of minimum slot usage requirements at JFK and LGA to allow carriers to return up to ten percent of their slots at each airport, as well as impacted operations between DCA and the New York City airports. In addition, the FAA has determined the post-pandemic effects on N90 staffing warrant a limited policy for prioritizing returned operations at EWR to allow carriers to return up to ten percent of their approved operating timings, for purposes of establishing a carrier's operational baseline in the next corresponding season. Carriers seeking to return their slots and approved operating timings must do so by October 13, 2023, for the winter 2023/2024 scheduling season (October 29, 2023, through March 30, 2024); and by December 15, 2023, for the summer 2024 scheduling season (March 31 through October 26, 2024) to be eligible for relief under this waiver. For DCA, this relief is available only for flights impacted by operations to or from the New York City area airports. If carriers utilizing the relief provided under 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. Furthermore, the FAA expects 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 also expects carriers to maintain connections between the affected airports and regional airports to the extent possible in support of continuous scheduled interstate air transportation for small communities and isolated areas. In addition, the FAA urges carriers to return scheduled operations in the peak delay periods of the day. The following hours (in local time) are the most prone to delay at each airport: EWR: 1400-2159, JFK: 1300-2259, LGA: 1300-2159. The FAA will not reallocate the temporarily returned slots or approved operating timings at JFK, LGA, or EWR, as the goal is to reduce the volume of operations in the New York City region. 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. The FAA will treat as used the specific slots returned in accordance with the conditions in this notice for the period from October 29, 2023, through March 30, 2024 (winter 2023/2024) and March 31, 2024, through October 26, 2024 (summer 2024). The relief is subject to the following conditions: 1. The specific slots and approved operating timings must be returned to the FAA by October 13, 2023, for the winter 2023/2024 scheduling season; and by December 15, 2023, for the summer 2024 scheduling season. 2. This waiver applies only to slots that have corresponding, scheduled operations during the period of the grant. A carrier temporarily returning a slot or approved operating time to the FAA for relief under this waiver must identify corresponding scheduled operations for winter 2023/2024, or approved slots or operating timings for summer 2024. The FAA may validate information against published schedule data prior to the 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 since the previous corresponding scheduling season are not eligible for relief. 4. Slots authorized at DCA by Department of Transportation or FAA exemptions are not eligible for relief. Issued in Washington, DC, on September 15, 2023. Marc A. Nichols, Chief Counsel. Alyce Hood-Fleming, Vice President, System Operations Services. [FR Doc. 2023-20416 Filed 9-18-23; 4:15 pm]
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