Medium Large Transport
Air Traffic Control Developmental
Communication Breakdown; Situational Awareness; Distraction; Confusion
ATC Issue All Types; Deviation / Discrepancy - Procedural Clearance; Deviation / Discrepancy - Procedural Published Material / Policy
Air Traffic Control Separated Traffic
Human Factors; Procedure
Aircraft X was landing Rwy XX and an Aircraft Y was landing Rwy YR.  We had LAHSO winds for XX but not for YR. Even with early speed adjustments; these two aircraft were tied to the airport; so I planned to send the Aircraft X around.  One of the supervisors asked why I wasn't issuing a LAHSO clearance to Aircraft X; and I said I couldn't because Aircraft Y was a foreign carrier that did not participate in LAHSO.  She said that only meant that the Aircraft Y couldn't hold short; but I told her that I was taught that foreign carriers could not be involved in any operation in which LAHSO was being conducted.  She then went to my FLM to get his opinion and he concurred with the other supervisor (but I think there was some differences of opinion by other controllers in the Tower as to how this rule is interpreted); so I begrudgingly issued the LAHSO clearance to Aircraft X against my better judgment. When I got home; I checked my SOP; and under LAHSO; Section 1-5-2; procedure 'n'; it states; 'Foreign air carriers (Part 129) cannot participate in LAHSO until approved by the FAA as listed in Appendix P. Note: 'Participate' means that an aircraft cannot be issued a LAHSO instruction nor have another aircraft conducting LAHSO on the intersecting runway.' The misdirection from the supervisor conflicted with EWR's facility directives (regarding LAHSO); which ultimately resulted in an illegal operation (loss of runway separation).Supervisors and all tower team members must be familiar with facility directives; especially with regard to ATC separation requirements.
EWR Local Controller reports of two aircraft that are tied for the airport.  He decides to send one around and the FLM questions; why he isn't using a LAHSO.  Controller states it is illegal because one is a foreign carrier.  FLM advises it isn't true.  Controller then has aircraft land; and later finds out that it was an illegal operation.