FAA ISSUES LIMITED WAIVER OF SLOT USAGE REQUIREMENTS AT JFK, LGA, DCA, AND EWR DUE TO ATC STAFFING ISSUES
April 7, 2023
On March 22, 2023, FAA issued a notice announcing a limited, conditional waiver of the minimum usage requirements for 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”). FAA noted that it is providing the slot relief to give carriers the opportunity to reduce operations at the specified airports during the peak summer travel period as it expects the uptick in air travel operations and expected increased delays will be exacerbated by ATC’s staffing shortfalls.
Carriers will be allowed to voluntarily turn in up to 10% of their slots held at JFK and LGA, and 10% of impacted slots at DCA (namely slots for flights that will be impacted by the reduction in operations at the New York airports) for the May 15, 2023, to September 15, 2023, season subject to certain conditions and limitations. FAA also announced a limited policy to prioritize 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. Based on this, carriers will also be permitted to voluntarily turn in up to 10% of their approved operating timings at EWR for the May 15, 2023, through September 15, 2023, season subject to certain conditions and limitations.
Importantly, FAA noted that the N90 staffing shortfalls should not be considered to be a basis for future relief from slot obligations as FAA does not foresee providing additional relief for the current ATC staffing issues, and it believes that going forward carriers will have had a “sufficient opportunity” to plan for future impacts. Nevertheless, carriers looking to take advantage of the slot relief for the summer season must notify FAA by identifying the slots and approved operating timings that they would like to turn in no later than April 30, 2023.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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