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Final Rule

Runway Closure-Related Scheduling Relief Concerning Operations at San Francisco International Airport, Newark Liberty International Airport, Chicago O'Hare International Airport, Los Angeles International Airport, and John F. Kennedy International Airport, January 15, 2024, Through July 15, 2024

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What is this Federal Register notice?

This is a final rule published in the Federal Register by Transportation Department, Federal Aviation Administration. Final rules have completed the public comment process and establish legally binding requirements.

Is this rule final?

Yes. This rule has been finalized. It has completed the notice-and-comment process required under the Administrative Procedure Act.

Who does this apply to?

Consult the full text of this document for specific applicability provisions. The affected parties depend on the regulatory scope defined within.

When does it take effect?

This document has been effective since May 17, 2024.

Why it matters: This final rule amends regulations in 14 CFR Part 93.

Document Details

Document Number2024-10319
TypeFinal Rule
PublishedMay 17, 2024
Effective DateMay 17, 2024
RIN-
Docket ID-
Text FetchedYes

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Full Document Text (2,332 words · ~12 min read)

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<RULE> DEPARTMENT OF TRANSPORTATION <SUBAGY>Federal Aviation Administration</SUBAGY> <CFR>14 CFR Part 93</CFR> <SUBJECT>Runway Closure-Related Scheduling Relief Concerning Operations at San Francisco International Airport, Newark Liberty International Airport, Chicago O'Hare International Airport, Los Angeles International Airport, and John F. Kennedy International Airport, January 15, 2024, Through July 15, 2024</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Federal Aviation Administration (FAA), Department of Transportation. <HD SOURCE="HED">ACTION:</HD> Notification of limited waiver of slot usage requirement and limited scheduling relief. <SUM> <HD SOURCE="HED">SUMMARY:</HD> This notification announces a limited, conditional policy for prioritizing returned operations at San Francisco International Airport (SFO) due to a construction-related runway closure at SFO for purposes of establishing a carrier's operational baseline in the next corresponding scheduling seasons. In addition, the FAA will provide similar limited, conditional relief at Newark Liberty International Airport (EWR), Chicago O'Hare International Airport (ORD), and Los Angeles International Airport (LAX) under the FAA's Level 2 schedule facilitation process as well as a limited, conditional waiver of minimum usage requirements at John F. Kennedy International Airport (JFK) for impacted flights between SFO and the listed airports. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> The limited waiver of slot usage requirement and limited scheduling relief in this notification are effective May 17, 2024, and applicable from January 15, 2024, through July 15, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> 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: <E T="03">7-awa-slotadmin@faa.gov.</E> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> For questions concerning this notification 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 <E T="03">al.meilus@faa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> The relief provided enables carriers to return operations at SFO during the construction periods of the Winter 2023/2024 and Summer 2024 scheduling seasons without unduly impacting schedules in subsequent seasons. <SU>1</SU> <FTREF/> Reducing operations will help prevent delays, optimize the efficient use of the airport's available resources, and deliver passengers to their destinations more reliably and on time. <FTNT> <SU>1</SU>  For the purposes of this notification, a “returned operation” is any planned operation included in the initially approved schedules that a carrier moved or will not operate due to the effort to reach the targeted reduced schedule throughout the construction period at SFO. If a carrier elected to move an operation, the operation was rescheduled outside of peak demand hours or hours adjacent to peak demand as detailed in this notification. </FTNT> <HD SOURCE="HD1">Background</HD> SFO is rehabilitating one of its four runways, Runway 10R/28L, to maintain runway operability; to construct a new taxiway to improve operational efficiency; and to realign an existing taxiway to rectify deficiencies with current SFO geometry. Runway 10R/28L is one of two parallel runways oriented in the east-west direction and is used as a primary arrival runway and a secondary departure runway. The construction will cause the continuous closure of Runway 10R/28L from January 15, 2024, through June 30, 2024. On October 26, 2023, the FAA held an initial meeting with all the carriers that have scheduled operations at SFO. The FAA gave a presentation on the expected impact of the construction project on operations at SFO and recommended a reduction in operations to alleviate potential delays and cancellations. SFO initially planned for the project to occur in two phases: Phase 1 planned for January 16, 2024, through May 28, 2024; and Phase 2 planned for September 3, 2024, through October 25, 2024. On December 14, 2023, the FAA and SFO held a joint meeting with all the carriers that have scheduled operations at SFO. SFO announced that Phase 2 had been rescheduled to begin on May 29, 2024, and end on June 30, 2024. This change allows the construction to be condensed into one continuous block of time from January 15, 2024, through June 30, 2024. At both meetings, the FAA requested that carriers voluntarily return operations. Carriers were asked to make initial returns by November 2, 2023, for the affected portion of the winter scheduling season; and by January 11, 2024, for the affected portion of the summer 2024 scheduling season. The FAA subsequently determined that relief granted for the construction period should extend beyond the construction period by an additional 15 days to accommodate carriers resuming normal scheduled operations. The FAA has designated SFO, EWR, ORD, and LAX as Level 2 airports under the Worldwide Slot Guidelines (WSG). <SU>2</SU> <FTREF/> The FAA does not allocate slots, apply historic precedence, or impose minimum usage requirements at SFO. Level 2 schedule facilitation depends upon close and continuous discussions and voluntary agreement between airlines and the FAA to reduce congestion. At Level 2 airports, the FAA generally provides priority consideration for flights approved by the FAA and operated by the carrier in those approved times in the prior scheduling season when the FAA reviews proposed flights for facilitation in the next corresponding scheduling season. Only those flights that were actually operated as approved in the prior scheduling season would generally receive priority for the next corresponding scheduling season. However, the FAA notes that the usual Level 2 processes include flexibility for the facilitator to prioritize planned flights, which are canceled in advance or on the day of the scheduled operation due to operational impacts that are beyond the control of the carrier. <FTNT> <SU>2</SU>  The FAA generally applies the WSG to the extent there is no conflict with U.S. law or regulation. The FAA recognizes the WSG has been replaced by the Worldwide Airports Slot Guidelines (WASG) edition 1, effective June 1, 2020, and subsequently WASG edition 2, effective July 1, 2022. The WASG is published jointly by Airports Council International-World, IATA, and the Worldwide Airport Coordinators Group (WWACG). While the FAA is considering whether to implement certain changes to the Guidelines in the United States, it will continue to apply WSG edition 9. </FTNT> At JFK, each slot must be used a minimum of 80 percent of the time. <SU>3</SU> <FTREF/> Slot usage at JFK is calculated seasonally. Slots not meeting the minimum usage requirement will not receive historic status for the following equivalent scheduling season. <SU>4</SU> <FTREF/> The FAA may waive the 80 percent minimum usage requirement if a highly unusual and unpredictable condition beyond the control of the slot-holding air carrier affects carrier operations for a period of five consecutive days or more at JFK. <SU>5</SU> <FTREF/> <FTNT> <SU>3</SU>  Operating Limitations at John F. Kennedy International Airport, 87 FR 65161 at 65162 (Oct. 28, 2022); Operating Limitations at New York LaGuardia Airport, 87 FR 65159 at 65160 (Oct. 28, 2022); 14 CFR 93.227(a). </FTNT> <FTNT> <SU>4</SU>  Operating Limitations at John F. Kennedy International Airport, 87 FR 65161 at 65162 (Oct. 28, 2022). </FTNT> <FTNT> <SU>5</SU>  Operating Limitations at John F. Kennedy International Airport, 87 FR 65161 at 65163 (Oct. 28, 2022); Operating Limitations at New York LaGuardia Airport, 87 FR 65159 at 65160 (Oct. 28, 2022); 14 CFR 93.227(j). </FTNT> <HD SOURCE="HD1">FAA Analysis</HD> Due to the daily volume of flights arriving and departing SFO, the closure of Runway 10R/28L is expected to significantly affect carriers' ability to operate reliably and on time. Absent increased scheduling flexibility during the construction period, the FAA anticipates a high likelihood of congestion, delays, and cancellations at SFO, with related impact at EWR, ORD, LAX, and JFK. The runway closure is expected to impact carrier operations at SFO especially in the the peak demand hours of 0900, 1200, 1500, 1700, 1800, 2000, and 2100 hours. The FAA modeled two scenarios of the expected delays at SFO for Phase 1 and Phase 2 respectively: one scenario without any mitigation measures, and one scenario with arrival limit mitigation measures in place. The mitigation measures incorporate Air Traffic Control (ATC) data used to assess capacity at SFO throughout the construction period. These mitigation measures align with the number of operations that ATC finds to be sustainable during the runway closure, while accounting for the differing arrival demand profiles in Phase 1 and Phase 2. Phase 1 of the construction requires a total closure of Runway 10R/28L, with Taxiways D and T partially affected. As such, for the scenario without any mitigation measures, the FAA estimates approximately 78% of total arrivals would be delayed by an average of 49 minutes per arrival. These arrival delays would be unrecoverable throughout the day. The FAA then modeled a scenario that limited the arrivals to no more than 30 per hour throughout the day, except for the 0900, 1200, 1500, 1700, 1800, 2000, and 2100 hours where the arrival limit is increased to no more than 35 per hour. This is because Phase 1 arrival demand varies by hour, with peak arrival demand exceeding 35 per hour, and off-peak arrival demand decreasing in some hours to under 25 arrivals per ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 15k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
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