High Density Airports; Notice of Extension of the Lottery Allocation and Amended Policy for Reallocation Procedures for Slot Exemptions at LaGuardia Airport, 36998-37000 [05-12716]
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36998
Federal Register / Vol. 70, No. 122 / Monday, June 27, 2005 / Notices
license is hereby declared null and void
as of July 9, 2005.
Small Business Administration.
DEPARTMENT OF STATE
Dated: June 21, 2005.
´
Jaime A. Guzman-Fournier,
Associate Administrator for Investment.
[FR Doc. 05–12671 Filed 6–24–05; 8:45 am]
Determination Under Subsection
402(d)(1) of the Trade Act of 1974, As
Amended—Continuation of Waiver
Authority
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
[License No. 04/74–0289]
Chrysalis Ventures II, L.P.; Notice
Seeking Exemption Under Section 312
of the Small Business Investment Act,
Conflicts of Interest
Notice is hereby given that Chrysalis
Ventures II, L.P., 1650 National City
Tower, 101 South Fifth Street,
Louisville, KY 40202, a Federal
Licensee under the Small Business
Investment Act of 1958, as amended
(‘‘the Act’’), in connection with the
financing of a small concern, has sought
an exemption under section 312 of the
Act and section 107.730, Financings
which Constitute Conflicts of Interest of
the Small Business Administration
(‘‘SBA’’) rules and regulations (13 CFR
107.730 (2002)). Chrysalis Ventures II,
L.P. proposes to provide preferred
equity security financing to RAD
Technologies LLC, 2655 Park Center
Drive, Simi Valley, California 93065.
The financing is contemplated to be
used by the company for working
capital purposes and to make
acquisitions.
The financing is brought within the
purview of Sec. 107.730(a)(1) of the
Regulations because Robert L. Saunders,
a Principal and an Associate of
Chrysalis Ventures II, L.P., has a 14.6%
voting ownership interest in RAD.
Therefore, this transaction is considered
a financing of an Associate requiring
prior SBA approval.
Notice is hereby given that any
interested person may submit written
comments on the transaction, within 15
days of the date of this publication, to
the Associate Administrator for
Investment, U.S. Small Business
Administration, 409 Third Street, SW.,
Washington, DC 20416.
Dated: June 21, 2005.
´
Jaime A. Guzman-Fournier,
Associate Administrator for Investment.
[FR Doc. 05–12672 Filed 6–24–05; 8:45 am]
BILLING CODE 8025–01–P
VerDate jul<14>2003
18:11 Jun 24, 2005
Jkt 205001
[Public Notice 5120]
Pursuant to the authority vested in the
President under the Trade Act of 1974,
as amended, Public Law 93–618, 88
Stat. 1978 (hereinafter ‘‘the Act’’), and
assigned to the Secretary of State by
virtue of section 1(a) of Executive Order
13346 of July 8, 2004, I determine,
pursuant to section 402(d)(1) of the Act,
19 U.S.C. 2432(d)(1), that the further
extension of the waiver authority
granted by section 402 of the Act will
substantially promote the objectives of
section 402 of the Act. I further
determine that continuation of the
waiver applicable to Vietnam will
substantially promote the objectives of
section 402 of the Act.
This determination shall be published
in the Federal Register.
Dated: June 1, 2005.
Condoleezza Rice,
Secretary of State, Department of State.
[FR Doc. 05–12667 Filed 6–24–05; 8:45 am]
BILLING CODE 4710–30–P
DEPARTMENT OF STATE
[Public Notice 5098]
United States International
Telecommunication Advisory
Committee; Request for Comments on
the Working Group on Internet
Governance Report
The Department of State announces a
request for comments on the report of
the Working Group on Internet
Governance, which is scheduled to be
released to the public on July 18, 2005.
The UN Working Group on Internet
Governance (WGIG), created by Phase 1
of the WSIS, was tasked ‘‘to investigate
and make proposals for action, as
appropriate, on the governance of
Internet by 2005.’’ The text of the report
will be available at https://www.wgig.org
or on the Department of State’s World
Summit on the Information Society
(WSIS) Web site at https://
www.state.gov/e/eb/cip/wsis2005.
The Department of State will be
accepting comments from the public on
the WGIG report through August 1,
2005. Comments should be sent to Sally
Shipman, International
Communications and Information
Policy, at shipmansa@state.gov.
In addition, according to the decision
of PrepCom II, all governments and
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
other stakeholders are invited to submit
written comments and proposals on the
issue of Internet governance to the WSIS
Executive Secretariat (to wsiscontributions@itu.int) by August 15.
Thereafter, a compilation of these
contributions will be forwarded to the
WSIS PrepCom III, together with the
report of the WGIG.
Dated: June 20, 2005.
Anne Jillson,
Foreign Affairs Officer, International
Communications and Information Policy,
Department of State.
[FR Doc. 05–12668 Filed 6–24–05; 8:45 am]
BILLING CODE 4710–07–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2001–9852]
High Density Airports; Notice of
Extension of the Lottery Allocation and
Amended Policy for Reallocation
Procedures for Slot Exemptions at
LaGuardia Airport
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of extension of the
lottery allocation for takeoff and landing
times at LaGuardia Airport and
amended policy for the allocation
procedures at LaGuardia Airport.
AGENCY:
SUMMARY: The FAA is extending by
fourteen months the current allocation
of slot exemptions at LaGuardia Airport
(LaGuardia) through December 31, 2006.
This action maintains the current limit
on scheduled operations at LaGuardia
pending the adoption of a long-term
solution for congestion management and
the expiration of the High Density
Traffic Airports Rule (High Density
Rule) at LaGuardia on January 1, 2007.
We also are amending the lottery
reallocation procedures at LaGuardia in
response to a petition submitted by
Northwest Airlines, Inc. (Northwest).
Air carriers that do not currently serve
small hub/non-hub airports from
LaGuardia can now participate in any
reallocation of AIR–21 slot exemptions
that are returned to the FAA or become
available through non-use.
DATES: Effective June 27, 2005.
FOR FURTHER INFORMATION CONTACT:
Lorelei Peter, Regulations Division
Office of the Chief Counsel, Federal
Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone 202–
267–3134.
SUPPLEMENTARY INFORMATION: The High
Density Rule (49 CFR part 93, subpart K)
E:\FR\FM\27JNN1.SGM
27JNN1
Federal Register / Vol. 70, No. 122 / Monday, June 27, 2005 / Notices
is being phased out at certain airports
pursuant to the ‘‘Wendall H. Ford
Aviation Investment and Reform Act for
the 21st Century’’ (AIR–21) enacted in
2000. 49 U.S.C. 41714, et seq. Under
AIR–21, the High Density Rule
terminates at LaGuardia and John F.
Kennedy International Airports on
January 1, 2007. At the same time,
however, acting out of concern over loss
of service to small hub/non-hub airports
by certain carriers and access to
LaGuardia by carriers who are new
entrants or limited incumbents,
Congress directed the Secretary Of
Transportation to create slot exemptions
dedicated to these two categories of
carriers. 49 U.S.C. 41716, 41717, 41718.
On December 4, 2000, the FAA
capped the number of AIR–21 slot
exemptions at 159 and allocated the slot
exemptions via lottery among the two
categories of carriers (79 slot
exemptions for small community
service and 80 slot exemptions to new
entrants/limited incumbents). A second
lottery was held on August 15, 2001, to
reallocate the slot exemptions that had
been returned to the FAA. After this
second lottery, new entrants/limited
incumbents held 79 slot exemptions and
providers of small community service
held 84 slot exemptions.
On October 28, 2002, the FAA
published in the Federal Register a
Notice of Adopted Allocation
Procedures at LaGuardia (67 FR 65826).
This notice set forth the FAA’s policy
for reallocating slot exemptions that
become available because they either are
not being used or have been returned
voluntarily to the FAA. The agency
wanted to provide the opportunity for
‘‘parity,’’ to the maximum extent
possible, between the number of slot
exemptions available for the two
categories of eligible carriers. Thus, if a
new entrant seeks slot exemptions, the
available slot exemptions would be
offered to that carrier first as long as the
number of slot exemptions held by
service providers to small hub/non-hub
airports was not less than 76. Thereafter,
slot exemptions for the new entrant
category would be allocated to limited
incumbents in accordance with the
established ranking. Slot exemptions for
small community service providers
likewise would be allocated in
accordance with the established
ranking.1 While the adopted
reallocation procedures provided access
1 The ranking for the small community hub/nonhub category and the new entrant/limited
incumbent category was established at the lottery
held on December 4, 2000. The ranking for the new
entrant/limited incumbent category was amended at
the lottery on August 15, 2001. See also 67 FR
65826, October 28, 2002.
VerDate jul<14>2003
18:55 Jun 24, 2005
Jkt 205001
for carriers in the new entrant category,
the procedures did not provide the same
opportunity to carriers seeking to
initiate service to small hub/non-hub
airports from LaGuardia.
Northwest, a carrier that has not
provided service to small communities
from LaGuardia, requested the
opportunity to participate in the
allocation of available AIR–21 slot
exemptions at LaGuardia for service to
small hub/non-hub airports with aircraft
with fewer than 71 seats. On November
17, 2004, the FAA published
Northwest’s petition to modify the
lottery allocation procedures at
LaGuardia (69 FR 67383).
Discussion of Comments
The comment period on Northwest’s
petition closed on December 7, 2004. US
Airways, Inc. (US Airways) and Delta
Air Lines, Inc. (Delta) filed comments in
the docket. Although the carriers
generally supported amending the
procedures for the AIR–21 slot
exemption lotteries as long as the
modified procedures only apply to slot
exemptions that become available
through non-use, neither carrier
supported a redistribution of currently
allocated slot exemptions at LaGuardia.
US Airways urged that any new
participant in the lottery allocation be
placed at the end of the current,
established ranking. Delta further asked
that carriers who were forced to cancel
services due to the December 2000 cap
on slot exemptions be made whole
before slot exemptions are given to other
potential small airport service
providers. Delta contends that any
revision of the lottery procedures
should give a significant preference to
those carriers that have been unable to
restore the services they were providing
in 2000.
While mindful of Delta’s concerns,
our initial allocation of slot exemptions
at LaGuardia and our corresponding
implementation of the reallocation
procedures did not address how carriers
at LaGuardia seeking to provide new
small community service sector all
carriers that were not operating at
LaGuardia in 2000. Further, it is
important that while we maintain the
overall limits on operations at
LaGuardia, there be some level of access
and competitive opportunity at the
airport. Enhancing competition at
airports can have favorable implications
for service and fares.
We reject Delta’s claim that new entry
should be precluded until Delta
recovers the slot exemptions that it held
prior to December 2000. Such a policy
would unreasonably favor one group of
competitors over another. Of the 90
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
36999
AIR–21 slot exemptions allocated to
small community service providers to
date, Delta hold 48. While this is a
reduction in the total number of AIR–21
slot exemptions Delta operated or had
scheduled to operate in December 2000,
Delta continues to be the largest holder
of AIR–21 slot exemptions in this
category.
We will permit carriers not currently
conducting service to small hub/nonhub airports to participate in the
allocation of available AIR–21 slot
exemptions for service to small
communities. These applicants will be
added to the bottom of the December
2000 established ranking of carriers
providing such service.
Extension of Lottery Allocation
Maintaining the cap on total
operations at LaGuardia is imperative. If
the cap on AIR–21 slot exemptions were
lifted, carriers could add an unlimited
number of scheduled operations at the
airport leading to a situation similar to
that in the fall of 2000 where the public
experienced an unacceptable level of
delay. Significant delays and
operational disruptions at LaGuardia
also can have a negative effect on the
national airspace and result in delays in
operations at many other airports. The
airport cannot accommodate, nor can
the FAA permit, unrestrained growth in
operations at LaGuardia at this time.
Accordingly, we are extending the
current hourly limitations and, as
amended, the accompanying allocation
procedures, through December 31, 2006.
The fourteen month extension of the
slot exemption also is appropriate due
to the complex issues associated with
any long-term solution to congestion at
LaGuardia and the competing interests
that must be addressed. The FAA and
Office of the Secretary of Transportation
are developing a long-term plan to
address access to LaGuardia after
expiration of the High Density Rule in
2007. This requires consideration of
complex statutory, regulatory, and
policy issues. Until a new plan and
process are in place, extension of the
current allocation scheme is necessary.
Policy for Allocation Procedures
The FAA will follow the reallocation
procedures adopted in the Federal
Register notice, published on October
28, 2002 (67 FR 65826), and as modified
today for the reallocation of returned or
withdrawn slot exemptions. Under this
notice, the FAA announces its policy to
service sector using aircraft with fewer
than 71 seats to participate in the
allocation. New service providers for
slot exemptions are required to have
certified eligibility in accordance with
E:\FR\FM\27JNN1.SGM
27JNN1
37000
Federal Register / Vol. 70, No. 122 / Monday, June 27, 2005 / Notices
OST Order 2000–4–11 to the
Department of Transportation (the
Department) and have a written request
on file with the FAA Slot
Administration Office when seeking
available slot exemptions. These carriers
will be added to the bottom of the
established ranking and will be notified
by the FAA, as appropriate, when slot
exemptions are available. The adoption
of this policy does not necessitate a
specific change to the post-lottery
allocation procedures.
1. The cap on AIR–21 slot exemptions
(7 a.m. through 9:59 p.m.) will remain
in effect through December 31, 2006.
2. The FAA may approve the transfer
of slot exemption times between carriers
only on a temporary one-for-one basis
for the purpose of conducting the
operation in a different time period.
Carriers must certify to the FAA that no
other consideration is involved in the
transfer.
3. If any subsequent slot exemptions
become available for reallocation and
there is an eligible carrier seeking slot
exemptions, then the available slot
exemptions would be offered to that
carrier first, provided that the total
number of slot exemptions allocated to
carriers providing small hub/non-hub
service is not below 76. An eligible
carrier is one that has certified such
eligibility in accordance with OST
Order 2000–4–10 to the Department and
has a written request on file with the
Slot Administration Office and is not
conducting service at the airport.
Carriers seeking slot exemptions for
small hub/nonhub service must certify
eligibility to the Department in
accordance with OST Order 2000–4–11
and have a written request on file with
the Slot Administration Office.
If a new, eligible carrier does not
select the slot exemptions, then the
exemption will be offered to the
category of carriers that is below parity,
up to the level of re-establishing parity
(using respective rank Order). 2 If the
slot exemptions are not selected or there
are available slot exemptions remaining,
then they will be offered to carriers in
the same category from which the slot
exemptions came. Any remaining slot
exemptions not selected will be offered
to the other category of carriers, using
its respective rank order.
4. A carrier will have three business
days after an offer from the Slot
Administration Office to accept the
offered slot exemption time. Acceptance
must be in writing to the Slot
Administration Office. If the Slot
Administration Office does not receive
2 See 67 FR 45170; July 8, 2002 and 67 FR 65826;
October 28, 2002.
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18:11 Jun 24, 2005
Jkt 205001
an acceptance to an offer within three
business days, the carrier will be
recorded as rejecting the officer and the
next carrier on the list will be offered
the available slot exemption times.
5. Carriers that are offered slot
exemption times by the Slot
Administration Office must re-certify to
the Department in accordance with the
procedures articulated in OST Orders
2000–4–10 and 2000–4–11 prior to
operations, and provide the Department
and the FAA’s Slot Administration
Office with the markets they will
service, the number of slot exemptions,
the frequency, and the time of
operation, before the slot exemption
times will be allocated by the FAA to
the carrier.
6. All operations allocated under the
post-lottery procedures must commence
within 120 days of a carrier’s acceptance
of an available slot exemption.
7. The Chief Counsel will be the final
decision maker concerning eligibility of
carriers to participate in the allocation
process.
Issued on June 23, 2005, in Washington,
DC.
Andrew B. Steinberg,
Chief Counsel.
[FR Doc. 05–12716 Filed 6–23–05; 12:57 pm]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Environmental Impact Statement; Lee
and Collier Counties, FL
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of intent.
AGENCY:
SUMMARY: The FHWA is issuing this
notice to advise the public that an
Environmental Impact Statement (EIS)
will be prepared for a proposed highway
project in Lee and Collier Counties,
Florida.
FOR FURTHER INFORMATION CONTACT:
Manu Chacko, District Transportation
Engineer, Federal Highway
Administration, 545 John Knox Road,
Suite 200, Tallahassee, Florida 32303,
Telephone (850) 942–9650.
SUPPLEMENTARY INFORMATION: The
FHWA, in cooperation with the Florida
Department of Transportation will
prepare an EIS for a proposed
improvement to CR 951 in Lee and
Collier Counties, Florida. The proposed
improvement would involve the
construction of a multi-lane facility on
new alignment from Immokalee Road in
Collier County to Alico Road in Lee
County, a distance of approximately 15
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
miles. Construction of the new corridor
is considered necessary to provide for
the existing and projected traffic
demand.
Alternatives under consideration
include (1) taking no action; (2)
upgrading existing facilities; and (3)
alternate corridors on new alignment
location. The proposed build
alternatives to be considered consist of
a four-lane roadway with either a rural
or sub-urban design. Access
management alternatives are being
evaluated and include either a
controlled access arterial or limited
access toll facility.
Coordination with appropriate
Federal, State, and local agencies, as
well as private organizations and
citizens who have expressed interest in
this proposal has been undertaken and
will continue. A series of public
meetings have been held in Lee County,
Florida from February 2003 to present,
and additional meetings are planned for
the future in Lee County. In addition, a
public hearing will be held. Public
notice will be given of the time and
place of the meetings and hearing. The
DEIS will be made available for public
and agency comment. An interagency
coordination meeting was held on
February 23, 2004. No formal scoping
meeting is planned at this time.
To ensure that the full range of issues
related to the proposed action is
addressed and all significant issues
identified, comments and suggestions
are invited from all interested parties.
Comments or questions concerning this
proposed action and the EIS should be
directed to the FHWA at the address
provided above.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Research
Planning and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Dated: May 18, 2005
Don Davis,
Program Operations Engineer, Tallahassee,
Florida.
[FR Doc. 05–12624 Filed 6–24–05; 8:45 am]
BILLING CODE 4910–22–M
E:\FR\FM\27JNN1.SGM
27JNN1
]]>Agencies
[Federal Register Volume 70, Number 122 (Monday, June 27, 2005)]
[Notices]
[Pages 36998-37000]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12716]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2001-9852]
High Density Airports; Notice of Extension of the Lottery
Allocation and Amended Policy for Reallocation Procedures for Slot
Exemptions at LaGuardia Airport
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of extension of the lottery allocation for takeoff and
landing times at LaGuardia Airport and amended policy for the
allocation procedures at LaGuardia Airport.
-----------------------------------------------------------------------
SUMMARY: The FAA is extending by fourteen months the current allocation
of slot exemptions at LaGuardia Airport (LaGuardia) through December
31, 2006. This action maintains the current limit on scheduled
operations at LaGuardia pending the adoption of a long-term solution
for congestion management and the expiration of the High Density
Traffic Airports Rule (High Density Rule) at LaGuardia on January 1,
2007. We also are amending the lottery reallocation procedures at
LaGuardia in response to a petition submitted by Northwest Airlines,
Inc. (Northwest). Air carriers that do not currently serve small hub/
non-hub airports from LaGuardia can now participate in any reallocation
of AIR-21 slot exemptions that are returned to the FAA or become
available through non-use.
DATES: Effective June 27, 2005.
FOR FURTHER INFORMATION CONTACT: Lorelei Peter, Regulations Division
Office of the Chief Counsel, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone 202-267-3134.
SUPPLEMENTARY INFORMATION: The High Density Rule (49 CFR part 93,
subpart K)
[[Page 36999]]
is being phased out at certain airports pursuant to the ``Wendall H.
Ford Aviation Investment and Reform Act for the 21st Century'' (AIR-21)
enacted in 2000. 49 U.S.C. 41714, et seq. Under AIR-21, the High
Density Rule terminates at LaGuardia and John F. Kennedy International
Airports on January 1, 2007. At the same time, however, acting out of
concern over loss of service to small hub/non-hub airports by certain
carriers and access to LaGuardia by carriers who are new entrants or
limited incumbents, Congress directed the Secretary Of Transportation
to create slot exemptions dedicated to these two categories of
carriers. 49 U.S.C. 41716, 41717, 41718.
On December 4, 2000, the FAA capped the number of AIR-21 slot
exemptions at 159 and allocated the slot exemptions via lottery among
the two categories of carriers (79 slot exemptions for small community
service and 80 slot exemptions to new entrants/limited incumbents). A
second lottery was held on August 15, 2001, to reallocate the slot
exemptions that had been returned to the FAA. After this second
lottery, new entrants/limited incumbents held 79 slot exemptions and
providers of small community service held 84 slot exemptions.
On October 28, 2002, the FAA published in the Federal Register a
Notice of Adopted Allocation Procedures at LaGuardia (67 FR 65826).
This notice set forth the FAA's policy for reallocating slot exemptions
that become available because they either are not being used or have
been returned voluntarily to the FAA. The agency wanted to provide the
opportunity for ``parity,'' to the maximum extent possible, between the
number of slot exemptions available for the two categories of eligible
carriers. Thus, if a new entrant seeks slot exemptions, the available
slot exemptions would be offered to that carrier first as long as the
number of slot exemptions held by service providers to small hub/non-
hub airports was not less than 76. Thereafter, slot exemptions for the
new entrant category would be allocated to limited incumbents in
accordance with the established ranking. Slot exemptions for small
community service providers likewise would be allocated in accordance
with the established ranking.\1\ While the adopted reallocation
procedures provided access for carriers in the new entrant category,
the procedures did not provide the same opportunity to carriers seeking
to initiate service to small hub/non-hub airports from LaGuardia.
---------------------------------------------------------------------------
\1\ The ranking for the small community hub/non-hub category and
the new entrant/limited incumbent category was established at the
lottery held on December 4, 2000. The ranking for the new entrant/
limited incumbent category was amended at the lottery on August 15,
2001. See also 67 FR 65826, October 28, 2002.
---------------------------------------------------------------------------
Northwest, a carrier that has not provided service to small
communities from LaGuardia, requested the opportunity to participate in
the allocation of available AIR-21 slot exemptions at LaGuardia for
service to small hub/non-hub airports with aircraft with fewer than 71
seats. On November 17, 2004, the FAA published Northwest's petition to
modify the lottery allocation procedures at LaGuardia (69 FR 67383).
Discussion of Comments
The comment period on Northwest's petition closed on December 7,
2004. US Airways, Inc. (US Airways) and Delta Air Lines, Inc. (Delta)
filed comments in the docket. Although the carriers generally supported
amending the procedures for the AIR-21 slot exemption lotteries as long
as the modified procedures only apply to slot exemptions that become
available through non-use, neither carrier supported a redistribution
of currently allocated slot exemptions at LaGuardia.
US Airways urged that any new participant in the lottery allocation
be placed at the end of the current, established ranking. Delta further
asked that carriers who were forced to cancel services due to the
December 2000 cap on slot exemptions be made whole before slot
exemptions are given to other potential small airport service
providers. Delta contends that any revision of the lottery procedures
should give a significant preference to those carriers that have been
unable to restore the services they were providing in 2000.
While mindful of Delta's concerns, our initial allocation of slot
exemptions at LaGuardia and our corresponding implementation of the
reallocation procedures did not address how carriers at LaGuardia
seeking to provide new small community service sector all carriers that
were not operating at LaGuardia in 2000. Further, it is important that
while we maintain the overall limits on operations at LaGuardia, there
be some level of access and competitive opportunity at the airport.
Enhancing competition at airports can have favorable implications for
service and fares.
We reject Delta's claim that new entry should be precluded until
Delta recovers the slot exemptions that it held prior to December 2000.
Such a policy would unreasonably favor one group of competitors over
another. Of the 90 AIR-21 slot exemptions allocated to small community
service providers to date, Delta hold 48. While this is a reduction in
the total number of AIR-21 slot exemptions Delta operated or had
scheduled to operate in December 2000, Delta continues to be the
largest holder of AIR-21 slot exemptions in this category.
We will permit carriers not currently conducting service to small
hub/non-hub airports to participate in the allocation of available AIR-
21 slot exemptions for service to small communities. These applicants
will be added to the bottom of the December 2000 established ranking of
carriers providing such service.
Extension of Lottery Allocation
Maintaining the cap on total operations at LaGuardia is imperative.
If the cap on AIR-21 slot exemptions were lifted, carriers could add an
unlimited number of scheduled operations at the airport leading to a
situation similar to that in the fall of 2000 where the public
experienced an unacceptable level of delay. Significant delays and
operational disruptions at LaGuardia also can have a negative effect on
the national airspace and result in delays in operations at many other
airports. The airport cannot accommodate, nor can the FAA permit,
unrestrained growth in operations at LaGuardia at this time.
Accordingly, we are extending the current hourly limitations and,
as amended, the accompanying allocation procedures, through December
31, 2006. The fourteen month extension of the slot exemption also is
appropriate due to the complex issues associated with any long-term
solution to congestion at LaGuardia and the competing interests that
must be addressed. The FAA and Office of the Secretary of
Transportation are developing a long-term plan to address access to
LaGuardia after expiration of the High Density Rule in 2007. This
requires consideration of complex statutory, regulatory, and policy
issues. Until a new plan and process are in place, extension of the
current allocation scheme is necessary.
Policy for Allocation Procedures
The FAA will follow the reallocation procedures adopted in the
Federal Register notice, published on October 28, 2002 (67 FR 65826),
and as modified today for the reallocation of returned or withdrawn
slot exemptions. Under this notice, the FAA announces its policy to
service sector using aircraft with fewer than 71 seats to participate
in the allocation. New service providers for slot exemptions are
required to have certified eligibility in accordance with
[[Page 37000]]
OST Order 2000-4-11 to the Department of Transportation (the
Department) and have a written request on file with the FAA Slot
Administration Office when seeking available slot exemptions. These
carriers will be added to the bottom of the established ranking and
will be notified by the FAA, as appropriate, when slot exemptions are
available. The adoption of this policy does not necessitate a specific
change to the post-lottery allocation procedures.
1. The cap on AIR-21 slot exemptions (7 a.m. through 9:59 p.m.)
will remain in effect through December 31, 2006.
2. The FAA may approve the transfer of slot exemption times between
carriers only on a temporary one-for-one basis for the purpose of
conducting the operation in a different time period. Carriers must
certify to the FAA that no other consideration is involved in the
transfer.
3. If any subsequent slot exemptions become available for
reallocation and there is an eligible carrier seeking slot exemptions,
then the available slot exemptions would be offered to that carrier
first, provided that the total number of slot exemptions allocated to
carriers providing small hub/non-hub service is not below 76. An
eligible carrier is one that has certified such eligibility in
accordance with OST Order 2000-4-10 to the Department and has a written
request on file with the Slot Administration Office and is not
conducting service at the airport. Carriers seeking slot exemptions for
small hub/nonhub service must certify eligibility to the Department in
accordance with OST Order 2000-4-11 and have a written request on file
with the Slot Administration Office.
If a new, eligible carrier does not select the slot exemptions,
then the exemption will be offered to the category of carriers that is
below parity, up to the level of re-establishing parity (using
respective rank Order). \2\ If the slot exemptions are not selected or
there are available slot exemptions remaining, then they will be
offered to carriers in the same category from which the slot exemptions
came. Any remaining slot exemptions not selected will be offered to the
other category of carriers, using its respective rank order.
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\2\ See 67 FR 45170; July 8, 2002 and 67 FR 65826; October 28,
2002.
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4. A carrier will have three business days after an offer from the
Slot Administration Office to accept the offered slot exemption time.
Acceptance must be in writing to the Slot Administration Office. If the
Slot Administration Office does not receive an acceptance to an offer
within three business days, the carrier will be recorded as rejecting
the officer and the next carrier on the list will be offered the
available slot exemption times.
5. Carriers that are offered slot exemption times by the Slot
Administration Office must re-certify to the Department in accordance
with the procedures articulated in OST Orders 2000-4-10 and 2000-4-11
prior to operations, and provide the Department and the FAA's Slot
Administration Office with the markets they will service, the number of
slot exemptions, the frequency, and the time of operation, before the
slot exemption times will be allocated by the FAA to the carrier.
6. All operations allocated under the post-lottery procedures must
commence within 120 days of a carrier's acceptance of an available slot
exemption.
7. The Chief Counsel will be the final decision maker concerning
eligibility of carriers to participate in the allocation process.
Issued on June 23, 2005, in Washington, DC.
Andrew B. Steinberg,
Chief Counsel.
[FR Doc. 05-12716 Filed 6-23-05; 12:57 pm]
BILLING CODE 4910-13-M
