May 18, 2016

The FAA recently withdrew a 2015 notice of proposed rulemaking (NPRM) that would have significantly reduced unscheduled operations at New York’s John F. Kennedy (JFK) and New Jersey’s Newark Liberty International (EWR) airports. The withdrawal of this NPRM, combined with the FAA’s recent re-designation of EWR as a Level 2 schedule-facilitated airport under the International Air Transport Association worldwide slot guidelines, means greater flexibility at EWR for business aircraft operators.

Review the Federal Register notice of NPRM withdrawal.

“By withdrawing this NPRM, the FAA has clarified its intent to eliminate slot requirements at Newark Liberty International Airport,” said Doug Carr, NBAA’s vice president of regulatory and international affairs. “Business aircraft operators flying into and out of the New York/New Jersey region will benefit significantly from retaining historic access to these important aviation resources, particularly when certain weather conditions make these larger airports better options than smaller area airports.”

NBAA’s comments on the 2015 NPRM focused on concerns about continued access to New York/New Jersey area airports for business aviation; potential negative impacts on safety, particularly in poor weather conditions, and economic hardship on the affected airports’ FBOs.

“We are pleased the FAA has rescinded this NPRM, ensuring continued business aviation access to the three major New York/New Jersey airports,” said Carr. “Unrestricted or minimally restricted access to these airports is critical during less-than-ideal weather conditions. The withdrawal of the NPRM also avoids the potential negative economic impact on the airports’ FBOs that could have resulted from the proposed stricter slot limitations.”

The FAA’s withdrawal of the NPRM also means LaGuardia Airport’s (LGA) current slot limitation of three unscheduled slots per hour remains in effect, and JFK continues to have no unscheduled slot requirements.

These conditions will remain in effect until Oct. 27, 2018, when the relevant JFK and LGA orders will expire.