Operating Limitations at Chicago O'Hare International Airport, 59798-59800 [05-20464]
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59798
Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices
photograph, such as a driver’s license. If
an individual does not have
identification documents sufficient to
establish his/her identity, the individual
must certify in writing that he/she is the
person claimed to be and that he/she
understands that knowing and willful
request for, or acquisition of, a record
pertaining to another individual under
false pretenses is a criminal offense.
If notification is requested by
telephone, an individual must verify
his/her identity by providing identifying
information that parallels the record to
which notification is being requested. If
it is determined the identifying
information provided by telephone is
insufficient, the individual will be
required to submit a request in writing
or in person. If an individual is
requesting information by telephone on
behalf of another individual, the subject
individual must be connected with SSA
and the requesting individual in the
same phone call. SSA will establish the
subject individual’s identity (his/her
name, SSN, address, date of birth and
place of birth, along with one other
piece of information such as mother’s
maiden name), and ask for his/her
consent in providing information to the
requesting individual.
If a request for notification is
submitted by mail, an individual must
include a notarized statement to SSA to
verify his/her identity or must certify in
the request that he/she is the person
claimed to be and that he/she
understands that the knowing and
willful request for, or acquisition of, a
record pertaining to another individual
under false pretenses is a criminal
offense. These procedures are in
accordance with SSA Regulations (20
CFR 401.40).
RECORD ACCESS PROCEDURE(S):
Same as ‘‘Notification’’ procedure(s).
Requesters also should reasonably
specify the record contents they are
seeking. These procedures are in
accordance with SSA Regulations (20
CFR 401.50).
CONTESTING RECORD PROCEDURE(S):
Same as ‘‘Notification’’ procedures.
Requesters also should reasonably
identify the record, specify the
information they are contesting, and
state the corrective action sought, and
the reasons for the correction, with
supporting justification showing how
the record is untimely, incomplete,
inaccurate or irrelevant. These
procedures are in accordance with SSA
Regulations (20 CFR 401.65).
RECORD SOURCE CATEGORIES:
Information in this system of records
is obtained from information collected
VerDate Aug<31>2005
16:14 Oct 12, 2005
Jkt 208001
from individuals interviewed in person
in SSA FOs, from existing systems of
records, such as the Claims Folders
System, (60–0089), Master Beneficiary
Record, (60–0090), Supplemental
Security Income Record and Special
Veterans Benefits, (60–0103), and from
information generated by SSA, such as
computer date/time stamps at various
points in the interview process.
Dated: October 6, 2005.
Anne Jillson,
Foreign Affairs Officer, International
Communications and Information Policy,
Department of State.
[FR Doc. 05–20550 Filed 10–12–05; 8:45 am]
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE PRIVACY ACT:
Federal Aviation Administration
None.
[FR Doc. 05–20503 Filed 10–12–05; 8:45 am]
BILLING CODE 4191–02–P
BILLING CODE 4710–07–P
DEPARTMENT OF TRANSPORTATION
[Docket No. FAA–2004–16944]
Operating Limitations at Chicago
O’Hare International Airport
ACTION:
DEPARTMENT OF STATE
[Public Notice 5204]
Notice of Meeting; United States
International Telecommunication
Advisory Committee Information
Meeting on the World Summit on the
Information Society
The Department of State announces a
meeting of the U.S. International
Telecommunication Advisory
Committee (ITAC). The purpose of the
Committee is to advise the Department
on matters related to telecommunication
and information policy matters in
preparation for international meetings
pertaining to telecommunication and
information issues.
The ITAC will meet to discuss the
matters related to the second phase of
the World Summit on the Information
Society (WSIS), in preparation for the
WSIS Summit in mid-November. The
meeting will take place on Tuesday,
October 25, 2005 from 2 p.m. to 4 p.m.
in the auditorium of the Historic
National Academy of Science Building.
The National Academy of Sciences is
located at 2100 C St. NW., Washington,
DC.
Members of the public are welcome to
participate and may join in the
discussions, subject to the discretion of
the Chair. Persons planning to attend
this meeting should send the following
data by fax to (202) 647–5957 or e-mail
to jillsonad@state.gov not later than 24
hours before the meeting: (1) Name of
the meeting, (2) your name, and (3)
organizational affiliation. A valid photo
ID must be presented to gain entrance to
the National Academy of Sciences
Building. Directions to the meeting
location may be obtained by calling the
ITAC Secretariat at (202) 647–5205.
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
Notice of order.
SUMMARY: On July 18, 2005, the Federal
Aviation Administration (FAA) issued
an order to show cause, which solicited
written views on extending for a second
time the FAA’s August 18, 2004, order
limiting scheduled operations at O’Hare
International Airport (O’Hare). The
August 2004 order made effective a
series of schedule adjustments that the
air carriers individually agreed to
during a scheduling reduction meeting.
These agreements, in general, resulted
in a voluntary peak-hour arrival rate at
O’Hare of eighty-eight scheduled flights,
with the exception of the 8 p.m. hour—
the final peak hour of the day—when
the rate would not exceed ninety-eight
scheduled arrivals.
The FAA previously extended the
effectiveness of the August 2004 order
through October 29, 2005. This notice
announces that the FAA Administrator
has signed an order that further extends
the August 2004 order through April 1,
2006. The text of the extension order is
published below as supplementary
information to this notice.
FOR FURTHER INFORMATION CONTACT:
Gerry Shakley, System Operations, Air
Traffic Organization: telephone (202)
267–9424; facsimile (202) 267–7277;
e-mail gerry.shakley@faa.gov.
SUPPLEMENTARY INFORMATION:
Second Order Extending the August
2004 Limitation of Scheduled
Operations at O’Hare International
Airport
On July 18, 2005, the Federal Aviation
Administration (FAA) issued an order to
show cause, soliciting written views on
extending through April 1, 2006, the
August 2004 order limiting scheduled
operations at O’Hare International
Airport (O’Hare).1 The August 2004
order made effective a series of schedule
adjustments that air carriers
1 70
E:\FR\FM\13OCN1.SGM
FR 42135 (July 21, 2005).
13OCN1
Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices
individually agreed to during a
scheduling reduction meeting convened
under 49 U.S.C. § 41722. The FAA
previously extended the order through
October 29, 2005. After careful
reflection on the written views
submitted, the FAA is now extending
the August 2004 order through April 1,
2006.
The FAA is taking this action to
ensure that congestion and delay at
O’Hare remain at manageable levels
through the upcoming winter
scheduling season while the agency
considers the need for additional
measures. The FAA has separately
issued a notice of proposed rulemaking
that would limit scheduled arrivals at
O’Hare and establish allocation,
transfer, and other procedures not
included in the August 2004 order.2 The
comment period for the proposed rule
closed on May 24, and the FAA and the
Office of the Secretary of Transportation
are evaluating the comments filed in
that proceeding. The FAA intends to
make a final decision in that proceeding
as promptly as possible. The FAA
expects that this extension of the August
2004 order will permit the order’s
expiration to coincide with the effective
date of a final rule, if a rule is adopted.
The FAA’s authority to extend the
August 2004 order is the same authority
cited in that order. The FAA proposed
to extend the August 2004 order under
the agency’s broad authority in 49
U.S.C. § 40103(b) to regulate the use of
the navigable airspace of the United
States. This provision authorizes the
FAA to develop plans and policy for the
use of navigable airspace and, by order
or rule, to regulate the use of the
airspace as necessary to ensure its
efficient use. In addition, 49 U.S.C.
§ 41722 authorizes the FAA to conduct
scheduling reduction meetings. The
FAA’s authority under section 41722
would be unenforceable if the FAA
lacked the related authority to capture
voluntary schedule reductions in FAA
orders.
Discussion of the Written
Submissions: A total of six respondents
filed written views on the FAA’s
proposed extension of the August 2004
order. The respondents included four
air carriers (American Airlines,
Independence Air, Northwest Airlines,
and United Airlines), one air carrier
organization (the Air Carrier Association
of America), and the City of Chicago
(City). None of the respondents
representing air carrier interests
opposed the extension of the August
2004 order through April 1, 2006.
2 70
FR 15520 (Mar. 25, 2005).
VerDate Aug<31>2005
16:14 Oct 12, 2005
Jkt 208001
As the operator of O’Hare, the City
registers a concern that the restrictions
contained in the August 2004 order will
be effective indefinitely. We reiterate
that the agreements reached during the
August 2004 scheduling reduction
meeting are temporary. In the August
2004 order, the FAA emphasized that
capacity increases—not negotiated
schedule reductions or other restrictions
on demand—are the preferred means of
curtailing delays like those the O’Hare
experienced prior to the order. In
addition, as the July 18 Order to Show
Cause reflects, the FAA has issued a
notice of proposed rulemaking on the
subject of flight limitations at O’Hare,
and the FAA and Office of the Secretary
of Transportation are evaluating the
comments received in that matter. Our
decision to extend the August 2004
order through April 1, 2006, will permit
adequate time to consider the comments
on the proposed rulemaking and, if a
rule is adopted, to implement a final
rule. Again, we continue to anticipate
that the August 2004 order will endure
for the shortest practical duration.
The City asks the FAA to let the order
expire to determine whether over
scheduling at O’Hare will recur. The
City reasons that a capacity constraint
can be imposed again if it proves
necessary. In the August 2004 order, the
FAA recounted in detail the impact of
over scheduling at O’Hare. The
nationwide and debilitating nature of
the resulting delays caused the FAA to
convene the scheduling reduction
meeting. The recent and expected air
traffic procedural improvements and
equipment upgrades that the City
identifies will not increase O’Hare’s
capacity so significantly that intolerable
delay will not recur if the August 2004
order were to expire as now scheduled.
the FAA’s overall approach seeks to
avoid the instability that successive
expiration and reinstitution of voluntary
schedule reductions at O’Hare would
inflict on air carriers and the public.
Moreover, while the FAA recognizes the
City’s view that the O’Hare
Modernization Program, if approved
and implemented, could significantly
increase the airport capacity, the
program could not be completed before
the August 2004 order is currently
scheduled to expire.
The City also asserts that the hourly
scheduled arrival rate of eighty-eight
during most peak hours, as set forth in
the August 2004 order, is too low. The
City would prefer an hourly scheduled
arrival rate of ninety-two. In addition,
the City repeats that, in its view, the
FAA should amend the August 2004
order to exempt all international
operations from the order’s limitations.
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
59799
The City previously raised identical
concerns over the FAA’s first extension
of the August 2004 order, and the FAA
therefore addressed the City’s views in
detail when it extended the order in
March 2005.3 In the context of
extending the voluntary scheduling
limits, the FAA’s prior assessment of the
City’s views has not materially changed.
In addition, the City has filed similar
comments in the public docket for the
related rulemaking proceeding. The
FAA and the Office of the Secretary of
Transportation are affording the City’s
comments most careful consideration in
that proceeding. Because the only
matter at issue in this order is the
contemplated short-term extension of
the August 2004 order through April 1,
2006, it is unwise to address here issues
that are now the subject of an open
rulemaking before the agency. The FAA
will address the merit of these
comments in the rulemaking process.
Finally, we reject the City’s suggestion
that the agency lacks the authority to
limit arrivals at O’Hare by extending the
August 2004 order. As an initial matter,
the August 2004 order was the product
of voluntary schedule limitations
negotiated during a scheduling
reduction meeting that Congress
specifically authorized in 49 U.S.C.
41722. An FAA-issued order is the only
practical means by which we can
enforce the voluntary agreements that a
scheduling reduction meeting produces.
Accordingly, in authorizing the FAA to
conduct such meetings, Congress
presumably perceived that the FAA
would issue and maintain orders, like
the August 2004 order, as extended, that
comport with the air carriers’
agreements.
Furthermore, in phasing out the High
Density Rule at O’Hare in July 2002,
Congress simultaneously emphasized
that it did not disturb the FAA’s
authority over safety and the movement
of air traffic. 49 U.S.C. 41715(b). Our
continuing authority in these areas is
more than adequate to permit the
extension of the August 2004 order that
we specify here.
Conclusion: The FAA proposed to
extend the August 2004 order through
April 1, 2006, on the basis of its
tentative finding that such an extension
is necessary to prevent a recurrence of
overscheduling at O’Hare. After
considering the responses, the FAA has
determined to make this finding final
and to extend the order through April 1,
2006.
Accordingly, with respect to
scheduled flight operations at O’Hare, it
is ordered that:
3 Mar.
E:\FR\FM\13OCN1.SGM
21, 2005, Order at 5–10.
13OCN1
59800
Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Notices
1. Ordering paragraph seven of the
FAA’s August 18, 2004, order limiting
scheduled operations at O’Hare
International Airport is amended to
state that the order shall expire at 9 p.m.
on April 1, 2006.
Issued in Washington, DC, on October 5,
2005.
Rebecca MacPherson,
Assistant Chief Counsel for Regulation.
[FR Doc. 05–20464 Filed 10–12–05; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Artisan Liens on Aircraft; Recordability
Federal Aviation
Administration, DOT.
ACTION: Notice
AGENCY:
SUMMARY: Consistent with Agency
practice, this notice is issued to advise
interested parties of the addition of the
States of Idaho and Utah to the list of
those thirty-three states from which the
Aircraft Registration Branch (FAA
Aircraft Registry), Mike Monroney
Aeronautical Center, Oklahoma City,
Oklahoma, will accept artisan liens for
recordation. Since December 17, 1981,
the Aeronautical Center Counsel has
issued these notices in the Federal
Register.
This notice is effective October
13, 2005.
FOR FURTHER INFORMATION CONTACT:
Joseph R. Standell, Aeronautical Center
Counsel, Aeronautical Center (AMC–7),
Federal Aviation Administration, 6500
S. MacArthur, Oklahoma City, OK
73169. Telephone (405) 954–3296.
SUPPLEMENTARY INFORMATION: In 46 FR
61528, December 17, 1981, the Federal
Aviation Administration published its
legal opinion on the recordability of
artisan liens, with the identification of
those states from which artisan liens
would be accepted. Subsequently, we
advised that Florida, Nevada, and New
Jersey had passed legislation that, in our
opinion, allows the FAA Aircraft
Registry to accept artisan liens from
those states (49 FR 17112, April 23,
1984).
The Agency continued this practice
when we adivsed that the following
states had passed legislation that either
required or allowed recording of notice
of lien thereby allowing the FAA
Aircraft Registry to accept and record
artisan liens claimed under those states’
law:
Minnesota and New Mexico (51 FR
21046, June 10, 2986)
DATE:
VerDate Aug<31>2005
16:14 Oct 12, 2005
Jkt 208001
Missouri (53 FR 23716, June 23, 1988)
Texas, (54 FR 38584, September 19,
1989)
North Dakota, (54 FR 51965, October 17,
1989)
Michigan and Tennessee, (55 FR 31938,
August 6, 1990)
Arizona, (56 FR 27989, June 18, 1991)
Iowa, (56 FR 36189–36190, July 31,
1991)
California (General Aviation only),
Connecticut, Ohio, and Virginia (58
FR 50387, September 27, 1993)
Louisiana, Massachusetts, and Rhode
Island (67 FR 68902, November 13,
2002)
This notice is to advise interested
parties that the states of Idaho and Utah
are now identified as additional states
from which artisan liens will be
accepted.
With the addition of Idaho and Utah,
the complete list of thirty-five states
from which artisan liens on aircraft will
be accepted as of this date is: Alaska,
Arizona, Arkansas, California (General
Aviation Only), Connecticut, Florida,
Georgia, Idaho, Illinois, Indiana, Iowa,
Kansas, Kentucky, Louisiana, Maine,
Massachusetts, Michigan, Minnesota,
Missouri, Nebraska, Nevada, New
Jersey, New Mexico, North Dakota,
Ohio, Oklahoma, Oregon, Rhode Island,
South Carolina, South Dakota,
Tennessee, Texas, Utah, Virgin Islands,
Virginia, Washington, and Wyoming.
Issued in Oklahoma City on September 28,
2005.
Joseph R. Standell,
Aeronautical Center Counsel.
[FR Doc. 05–20467 Filed 10–12–05; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Intent To Prepare an Environmental
Impact Statement and To Conduct
Scoping Meetings for the Proposed
Relocation of Runway 11R/29L and
Associated Development at the Tucson
International Airport in Tucson, AZ
Federal Aviation
Administration, DOT.
ACTION: Notice of Intent to Prepare an
Environmental Impact Statement and to
conduct scoping meetings.
AGENCY:
SUMMARY: The Federal Aviation
Administration (FAA) is issuing this
notice to advise the public that an
Environmental Impact Statement (EIS)
will be prepared to assess the potential
impacts of the proposed relocation of
Runway 11R/29L and associated
development at Tucson International
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
Airport. To ensure that all significant
issues related to the proposed action are
identified, one (1) public scoping
meeting and one (1) governmental
agency scoping meeting will be held.
FOR FURTHER INFORMATION CONTACT:
Michelle Simmons, Environmental
Protection Specialist, Federal Aviation
Administration, Western-Pacific Region,
Airports Division, P.O. Box 92007, Los
Angeles, California 90009–2007.
Telephone: (310) 725–3614. Any
scoping comments and suggestions
regarding the EIS must be submitted to
the address above and must be received
no later than 5 p.m. Pacific Standard
Time, December 15, 2005.
The
Federal Aviation Administration (FAA)
will prepare an Environmental Impact
Statement (EIS) for addressing specific
improvements at Tucson International
Airport. The (EIS) will be prepared in
accordance with the procedures
described in FAA Order 5050.4A,
Airport Environmental Handbook, and
FAA Order 1050.1E, Environment
Impacts: Policies and Procedures. The
Tucson Airport Authority, the owner of
Tucson International Airport proposes
the following development as identified
in the 2004 Tucson International
Airport Master Plan: Relocate Runway
11R/29L, 450 feet to the southwest,
creating a centerline to centerline
separation of 1,156 feet between the
existing Runway 11L29R and the
relocated Runway 11R/29L. The length
of the relocated Runway 11R/29L will
be 11,000 feet long by 150 feet wide.
The development will also include the
extension of existing Taxiways A–6 and
A–17, and provisions for acute angled
‘‘high speed’’ exits at Taxiways A–11,
A–13, and A–15; addition of new
Taxiways A–16 and A–18; extension of
Taxiway B, (which is currently marked
as 11R/29L); relocation of the airport
service road to accommodate the
proposed runway relocation; and
installation of an Instrument Landing
System (ILS) in conjunction with the
relocated runway, including a Medium
Intensity Approach Lighting System
with Runway Alignment Indicator
Lights (MALSR) in both directions. The
Airport Master Plan Update identified
the need to provide additional airfield
capacity at the Airport to meet the
projected levels of operational and
passenger demand. Within the EIS, FAA
proposed to consider a range of
alternatives that could potentially meet
the need for additional airport capacity
in the Tucson metropolitan area
including, but not limited to, the
following:
SUPPLEMENTARY INFORMATION:
E:\FR\FM\13OCN1.SGM
13OCN1
]]>Agencies
[Federal Register Volume 70, Number 197 (Thursday, October 13, 2005)]
[Notices]
[Pages 59798-59800]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20464]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2004-16944]
Operating Limitations at Chicago O'Hare International Airport
ACTION: Notice of order.
-----------------------------------------------------------------------
SUMMARY: On July 18, 2005, the Federal Aviation Administration (FAA)
issued an order to show cause, which solicited written views on
extending for a second time the FAA's August 18, 2004, order limiting
scheduled operations at O'Hare International Airport (O'Hare). The
August 2004 order made effective a series of schedule adjustments that
the air carriers individually agreed to during a scheduling reduction
meeting. These agreements, in general, resulted in a voluntary peak-
hour arrival rate at O'Hare of eighty-eight scheduled flights, with the
exception of the 8 p.m. hour--the final peak hour of the day--when the
rate would not exceed ninety-eight scheduled arrivals.
The FAA previously extended the effectiveness of the August 2004
order through October 29, 2005. This notice announces that the FAA
Administrator has signed an order that further extends the August 2004
order through April 1, 2006. The text of the extension order is
published below as supplementary information to this notice.
FOR FURTHER INFORMATION CONTACT: Gerry Shakley, System Operations, Air
Traffic Organization: telephone (202) 267-9424; facsimile (202) 267-
7277; e-mail gerry.shakley@faa.gov.
SUPPLEMENTARY INFORMATION:
Second Order Extending the August 2004 Limitation of Scheduled
Operations at O'Hare International Airport
On July 18, 2005, the Federal Aviation Administration (FAA) issued
an order to show cause, soliciting written views on extending through
April 1, 2006, the August 2004 order limiting scheduled operations at
O'Hare International Airport (O'Hare).\1\ The August 2004 order made
effective a series of schedule adjustments that air carriers
[[Page 59799]]
individually agreed to during a scheduling reduction meeting convened
under 49 U.S.C. Sec. 41722. The FAA previously extended the order
through October 29, 2005. After careful reflection on the written views
submitted, the FAA is now extending the August 2004 order through April
1, 2006.
---------------------------------------------------------------------------
\1\ 70 FR 42135 (July 21, 2005).
---------------------------------------------------------------------------
The FAA is taking this action to ensure that congestion and delay
at O'Hare remain at manageable levels through the upcoming winter
scheduling season while the agency considers the need for additional
measures. The FAA has separately issued a notice of proposed rulemaking
that would limit scheduled arrivals at O'Hare and establish allocation,
transfer, and other procedures not included in the August 2004
order.\2\ The comment period for the proposed rule closed on May 24,
and the FAA and the Office of the Secretary of Transportation are
evaluating the comments filed in that proceeding. The FAA intends to
make a final decision in that proceeding as promptly as possible. The
FAA expects that this extension of the August 2004 order will permit
the order's expiration to coincide with the effective date of a final
rule, if a rule is adopted.
---------------------------------------------------------------------------
\2\ 70 FR 15520 (Mar. 25, 2005).
---------------------------------------------------------------------------
The FAA's authority to extend the August 2004 order is the same
authority cited in that order. The FAA proposed to extend the August
2004 order under the agency's broad authority in 49 U.S.C. Sec.
40103(b) to regulate the use of the navigable airspace of the United
States. This provision authorizes the FAA to develop plans and policy
for the use of navigable airspace and, by order or rule, to regulate
the use of the airspace as necessary to ensure its efficient use. In
addition, 49 U.S.C. Sec. 41722 authorizes the FAA to conduct
scheduling reduction meetings. The FAA's authority under section 41722
would be unenforceable if the FAA lacked the related authority to
capture voluntary schedule reductions in FAA orders.
Discussion of the Written Submissions: A total of six respondents
filed written views on the FAA's proposed extension of the August 2004
order. The respondents included four air carriers (American Airlines,
Independence Air, Northwest Airlines, and United Airlines), one air
carrier organization (the Air Carrier Association of America), and the
City of Chicago (City). None of the respondents representing air
carrier interests opposed the extension of the August 2004 order
through April 1, 2006.
As the operator of O'Hare, the City registers a concern that the
restrictions contained in the August 2004 order will be effective
indefinitely. We reiterate that the agreements reached during the
August 2004 scheduling reduction meeting are temporary. In the August
2004 order, the FAA emphasized that capacity increases--not negotiated
schedule reductions or other restrictions on demand--are the preferred
means of curtailing delays like those the O'Hare experienced prior to
the order. In addition, as the July 18 Order to Show Cause reflects,
the FAA has issued a notice of proposed rulemaking on the subject of
flight limitations at O'Hare, and the FAA and Office of the Secretary
of Transportation are evaluating the comments received in that matter.
Our decision to extend the August 2004 order through April 1, 2006,
will permit adequate time to consider the comments on the proposed
rulemaking and, if a rule is adopted, to implement a final rule. Again,
we continue to anticipate that the August 2004 order will endure for
the shortest practical duration.
The City asks the FAA to let the order expire to determine whether
over scheduling at O'Hare will recur. The City reasons that a capacity
constraint can be imposed again if it proves necessary. In the August
2004 order, the FAA recounted in detail the impact of over scheduling
at O'Hare. The nationwide and debilitating nature of the resulting
delays caused the FAA to convene the scheduling reduction meeting. The
recent and expected air traffic procedural improvements and equipment
upgrades that the City identifies will not increase O'Hare's capacity
so significantly that intolerable delay will not recur if the August
2004 order were to expire as now scheduled. the FAA's overall approach
seeks to avoid the instability that successive expiration and
reinstitution of voluntary schedule reductions at O'Hare would inflict
on air carriers and the public. Moreover, while the FAA recognizes the
City's view that the O'Hare Modernization Program, if approved and
implemented, could significantly increase the airport capacity, the
program could not be completed before the August 2004 order is
currently scheduled to expire.
The City also asserts that the hourly scheduled arrival rate of
eighty-eight during most peak hours, as set forth in the August 2004
order, is too low. The City would prefer an hourly scheduled arrival
rate of ninety-two. In addition, the City repeats that, in its view,
the FAA should amend the August 2004 order to exempt all international
operations from the order's limitations.
The City previously raised identical concerns over the FAA's first
extension of the August 2004 order, and the FAA therefore addressed the
City's views in detail when it extended the order in March 2005.\3\ In
the context of extending the voluntary scheduling limits, the FAA's
prior assessment of the City's views has not materially changed. In
addition, the City has filed similar comments in the public docket for
the related rulemaking proceeding. The FAA and the Office of the
Secretary of Transportation are affording the City's comments most
careful consideration in that proceeding. Because the only matter at
issue in this order is the contemplated short-term extension of the
August 2004 order through April 1, 2006, it is unwise to address here
issues that are now the subject of an open rulemaking before the
agency. The FAA will address the merit of these comments in the
rulemaking process.
---------------------------------------------------------------------------
\3\ Mar. 21, 2005, Order at 5-10.
---------------------------------------------------------------------------
Finally, we reject the City's suggestion that the agency lacks the
authority to limit arrivals at O'Hare by extending the August 2004
order. As an initial matter, the August 2004 order was the product of
voluntary schedule limitations negotiated during a scheduling reduction
meeting that Congress specifically authorized in 49 U.S.C. 41722. An
FAA-issued order is the only practical means by which we can enforce
the voluntary agreements that a scheduling reduction meeting produces.
Accordingly, in authorizing the FAA to conduct such meetings, Congress
presumably perceived that the FAA would issue and maintain orders, like
the August 2004 order, as extended, that comport with the air carriers'
agreements.
Furthermore, in phasing out the High Density Rule at O'Hare in July
2002, Congress simultaneously emphasized that it did not disturb the
FAA's authority over safety and the movement of air traffic. 49 U.S.C.
41715(b). Our continuing authority in these areas is more than adequate
to permit the extension of the August 2004 order that we specify here.
Conclusion: The FAA proposed to extend the August 2004 order
through April 1, 2006, on the basis of its tentative finding that such
an extension is necessary to prevent a recurrence of overscheduling at
O'Hare. After considering the responses, the FAA has determined to make
this finding final and to extend the order through April 1, 2006.
Accordingly, with respect to scheduled flight operations at O'Hare,
it is ordered that:
[[Page 59800]]
1. Ordering paragraph seven of the FAA's August 18, 2004, order
limiting scheduled operations at O'Hare International Airport is
amended to state that the order shall expire at 9 p.m. on April 1,
2006.
Issued in Washington, DC, on October 5, 2005.
Rebecca MacPherson,
Assistant Chief Counsel for Regulation.
[FR Doc. 05-20464 Filed 10-12-05; 8:45 am]
BILLING CODE 4910-13-M
