[Federal Register Volume 76, Number 67 (Thursday, April 7, 2011)]
[Notices]
[Pages 19517-19518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8281]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2011-0248]
Orders Limiting Scheduled Operations at John F. Kennedy
International Airport, LaGuardia Airport, and Newark Liberty
International Airport; High Density Rule at Reagan National Airport
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of FAA Decision on Request for Waiver of the Slot Usage
Requirement.
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SUMMARY: This action denies a request by the Air Transport Association
of America (ATA) for a waiver of the requirements to use slots at
Washington's Reagan National Airport (DCA) and Operating Authorizations
(slots) at John F. Kennedy International Airport (JFK), LaGuardia
Airport (LGA), and Newark Liberty International Airport (EWR).
DATES: Effective upon publication.
FOR FURTHER INFORMATION CONTACT: Robert Hawks, Office of the Chief
Counsel, Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone: (202) 267-7143; e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
By letter posted in Docket Number FAA-2011-0248 on March 15, 2011,
ATA requested the FAA grant a limited waiver of the minimum slot usage
requirements for DCA, JFK, EWR, and LGA for January 7 through 18, 2011,
and January 26 through February 4, 2011, due to intense snowfalls in
the northeastern and mid-Atlantic United States that seriously
disrupted air carrier operations at those airports. In support of its
request, ATA referenced a waiver granted by the FAA in February 2010
due to multiple snowstorms that severely disrupted aviation and other
modes of transportation.\1\
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\1\ 75 FR 9017 (Feb. 26, 2010).
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ATA also stated the National Oceanic and Atmospheric Administration
reported New York City and Newark, New Jersey, experienced the snowiest
month of January on record. New York City recorded 36 inches of snow
that month, surpassing the previous record of 27.4 inches; Newark
recorded 37.4 inches, surpassing its previous January record of 31.6
inches. ATA highlights three major snowstorms in the regions occurring
from January 9 through 13; from January 25 through 27, which also
affected the D.C. metro area; and from February 1 through 3.
ATA asserts the effects of the weather events at DCA, JFK, EWR, and
LGA were dramatic and lingering, disrupting operations during January
and into early February. Twelve U.S. air carriers reported
cancellations totaling 10,944 flights at the airports in the January 7
through 12, January 18, January 26 through 27, and February 1 through 4
periods. ATA also states that major snowstorms in the Midwest and New
England further disrupted operations at DCA, JFK, EWR, and LGA because
of network-wide weather disruptions and corresponding recovery
programs.
By e-mail dated March 15, 2011, AirTran Airways stated its support
for the ATA request for waiver.
FAA Analysis
Under the FAA's High Density Rule and Orders limiting scheduled
operations at LGA, JFK, and EWR, slots must be used at least 80 percent
of the time. These rules are expected to accommodate routine weather
and other cancellations under all but the most unusual circumstances.
Slots not meeting the minimum usage rules will be withdrawn or not
receive historic precedence for the following scheduling season,
depending on the airport.\2\ The FAA may grant a waiver from the
minimum usage requirements in highly unusual and unpredictable
conditions that are beyond the control of the carrier and affect
carrier operations for a period of five or more consecutive days.
However, the FAA does not routinely grant general waivers to the usage
requirements except under the most unusual circumstances.
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\2\ 14 CFR 93.227 (DCA); 74 FR 51648 (Oct. 7, 2009) (EWR); 74 FR
51650 (Oct. 7, 2009) (JFK); 74 FR 51653 (Oct. 7, 2009) (LGA).
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The FAA is sympathetic to the disruptions created by winter
weather. In February 2010, the FAA granted a general waiver because
unusual snowstorms closed slot-controlled airports for multiple days
and also caused mass cancellations resulting from reduced airport
capacity. FAA air traffic records for the 2011 snowstorms do not
demonstrate the same magnitude of either airport closures or
cancellations over an extended period. Although there were multiple
snowstorms, operations do not appear to have been impacted for any
period lasting five or more consecutive days as required by the rules,
and there were at least several days of recovery between the
snowstorms. Accordingly, the FAA has determined ATA's request is too
broad and may afford a benefit to some carriers that did not experience
actual hardships.
Moreover, in recent years, the FAA has noticed a pattern that
indicates some carriers may be meeting the usage requirements without
planning a scheduled flight for each allocated slot. By underutilizing
allocated slots, and using a portion of the 20 percent allowable non-
use of slots to cover planned cancellations or underscheduling,
carriers have a reduced ability to meet the usage requirements when
weather events force additional cancellations. The FAA intends
allocated slots be used for actual operations because slots are scarce
resources at each of these airports. Although existing rules do not
require each slot to directly correspond to a scheduled flight, the FAA
is not required to use its waiver authority to endorse underutilization
of allocated slots.
Although the FAA has determined that a general waiver of the usage
requirements is inappropriate, it acknowledges that nationwide weather
during this period may have created a unique hardship for some
carriers. To assess that hardship and determine whether relief is
warranted, the FAA requests that affected carriers submit an individual
request for limited waiver. The FAA will consider the periods of
January 7 through February 4, 2011, but will make a waiver
determination on an individual-day basis. A waiver request should
indicate the individual days of significant cancellations, a detail of
the allocated slots on those days, a detail of the scheduled flights
for those days, and a detail of the flights cancelled due to weather on
those days. A carrier should also identify the specific slot or slots
for which it is requesting a waiver and the utilization of the slot(s)
for the reporting period. The FAA acknowledges weather in carriers'
non-slot-controlled hub airports may have forced additional
cancellations because there were several unusual storms throughout the
nation
[[Page 19518]]
during this period. In making a waiver determination, the FAA will
consider a significant number of cancellations during those periods
because of weather at a destination airport.
FAA Decision
In consideration of the foregoing, ATA's request for a grant of
waiver is DENIED. Carriers who were uniquely affected by winter weather
during January and February 2011 may request a limited grant of waiver.
However, any request must detail the hardship caused by the snowstorms
and demonstrate that hardship was not caused or exacerbated by
underutilization of allocated slots. The FAA will carefully consider
these individual requests for waiver.
Issued in Washington, DC on March 28, 2011.
J. David Grizzle,
Chief Counsel.
[FR Doc. 2011-8281 Filed 4-6-11; 8:45 am]
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