Operating Limitations at Chicago O'Hare International Airport; Order To Show Cause and Request for Comments, 56213-56214 [06-8300]

Download as PDF Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Notices DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. OST–2003–15962] Notice of Request for Renewal of a Previously Approved Collection Office of the Secretary, DOT. Notice. AGENCY: ACTION: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), this notice announces the U.S. Department of Transportation’s (DOT) intention to request extension of a previously approved information collection. DATES: Comments on this notice must be received by November 27, 2006. ADDRESSES: You may submit comments [identified by DOT DMS Docket Number OST–2003–15962] by any of the following methods: • Web site: https://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. • Fax: 1–202–493–2251. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 0001. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays. • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions must include the agency name and docket number or Regulatory Identification Number (RIN) for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the Supplementary Information section of this document. Note that all comments received will be posted without change to https://dms.dot.gov including any personal information provided. Please see the Privacy Act heading under Regulatory Notes. Docket: For access to the docket to read background documents or comments received, go to https:// dms.dot.gov at any time or to Room PL– 401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. pwalker on PRODPC60 with NOTICES SUMMARY: VerDate Aug<31>2005 21:03 Sep 25, 2006 Jkt 208001 FOR FURTHER INFORMATION CONTACT: Lauralyn Remo, Air Carrier Fitness Division (X–56), Office of Aviation Analysis, Office of the Secretary, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590, (202) 366–9721. SUPPLEMENTARY INFORMATION: Title: Procedures and Evidence Rules for Air Carrier Authority Applications: 14 CFR Part 201—Air Carrier Authority under Subtitle VII of Title 49 of the United States Code—(Amended); 14 CFR Part 204—Data to Support Fitness Determinations; 14 CFR Part 291—Cargo Operations in Interstate Air Transportation. OMB Control Number: 2106–0023. Type of Request: Extension without change, of previously approved collection. Abstract: In order to determine the fitness of persons seeking authority to engage in air transportation, the Department collects information from them about their ownership, citizenship, managerial competence, operating proposal, financial condition, and compliance history. The specific information to be filed by respondents is set forth in 14 CFR parts 201 and 204. Respondents: Persons seeking initial or continuing authority to engage in air transportation of persons, property, and/ or mail. Estimated Number of Respondents: 215. Average Annual Burden per Respondent: 25.20 hours. Estimated Total Burden on Respondents: 5,420 hours. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; (b) the accuracy of the Department’s estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Issued in Washington, DC, on September 10, 2006. Todd M. Homan, Director, Office of Aviation Analysis. [FR Doc. E6–15726 Filed 9–25–06; 8:45 am] BILLING CODE 4910–9X–P PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 56213 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2004–16944] Operating Limitations at Chicago O’Hare International Airport; Order To Show Cause and Request for Comments Federal Aviation Administration (FAA), DOT. ACTION: Notice of Order To Show Cause and request for comments. AGENCY: SUMMARY: The FAA has issued an order to show cause, which solicits the views of interested persons on the FAA’s tentative determination to modify the August 2004 order temporarily limiting scheduled operations at O’Hare International Airport (O’Hare). The text of the order to show cause is set forth in this notice. DATES: Any written information that responds to the FAA’s order to show cause must be submitted by September 29, 2006. ADDRESSES: You may send comments, identified by docket number FAA– 2004–16944, using any of the following methods: • DOT Docket Web site: Go to https://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to https://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 0001. • Fax: 1–202–493–2251. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy: We will post all comments we receive, without change, to https:// dms.dot.gov, including any personal information you provide. Using the search function of our docket web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–19478) or you may visit https://dms.dot.gov. Docket: To read background documents or comments received, go to E:\FR\FM\26SEN1.SGM 26SEN1 56214 Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Notices https://dms.dot.gov at any time or to Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Komal Jain, Office of the Chief Counsel, Regulations Division, AGC–240, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267–3073. SUPPLEMENTARY INFORMATION: pwalker on PRODPC60 with NOTICES Order To Show Cause The Federal Aviation Administration (FAA) has tentatively determined that it is necessary to modify the August 2004 order, as amended, (the Order) temporarily limiting scheduled operations at O’Hare International Airport (O’Hare). Under the Order, the FAA may modify or withdraw any provision in the order on its own or on application by any air carrier for good cause shown. The FAA proposes to eliminate the prohibition on trading or transferring (buying, selling, or leasing) arrival authorizations for consideration for the remaining duration of the Order. We believe there may be merit to allowing carriers to modify their schedules for competitive or operational reasons through various market mechanisms prior to the effective date of the August 29, 2006, final rule regulating scheduled arrivals at O’Hare. The FAA invites air carriers and other interested persons to submit written comments by no later than September 29, 2006, in Docket FAA–2006–16944 on this proposal. After reviewing and evaluating the comments, the FAA expects to issue a final modification to the Order based on this proposal. Background On August 18, 2004, the FAA issued an order limiting the number of scheduled arrivals that air carriers conduct at O’Hare during peak hours. The August 18 Order followed a period during which O’Hare operated without any regulatory constraint on the number of aircraft operations, and O’Hare experienced significant congestionrelated delay. The Order took effect November 1, 2004, and was subsequently extended on March 25, 2005, October 6, 2005, and March 31, 2006. It terminates at midnight, October 28, 2006, when the August 29, 2006, final rule, Congestion and Delay Reduction at Chicago O’Hare International Airport, becomes effective. 71 FR 51382. The Order established two means through which air carriers can move an VerDate Aug<31>2005 21:03 Sep 25, 2006 Jkt 208001 existing arrival that has been authorized under the Order and scheduled within the period from 7 a.m. though 8:59 p.m. The first is through requests for schedule changes that are subject to the Administrator’s approval and a determination that the schedule change would not adversely affect operations or congestion at O’Hare, taking into account the strict limits on operations per hour that were established when the Order first took effect. The second is through a trade of an arrival time for another but on a one-for-one basis with another air carrier. Once again, the trade is subject to the Administrator’s approval and a determination that the trade will not increase congestion or adversely affect operations at the airport. At the time of the Order, the FAA determined that these two mechanisms would provide carriers with adequate flexibility to make changes if necessary during peak hours of operation. Order To Show Cause When it issued the Order the FAA intended that it would be in effect for a short duration—until the FAA published a final rule to limit scheduled arrivals at O’Hare and establish allocation, transfer and other procedures not included in the Order. The FAA did not anticipate that the Order would be extended through October 2006. Limiting trades of scheduled arrivals, so that they could occur only on a one-forone basis and remain in place only for the duration of the Order, particularly when coupled with a prohibition on sales and leases, has had the unintended effect of eliminating any flexibility to shift operations even when such shifts would not contribute to congestion or interfere with the hourly cap on operations. In order to facilitate the most efficient transition from the Order to the final rule, the FAA proposes to allow carriers to make long-term adjustments to their holdings of scheduled arrivals during the last remaining days of the Order, as described below. Under this proposed modification, the FAA would accept permanent trades, which the FAA would then recognize at the effective date of the final rule. As several carriers have long-standing, multi-seasonal trades to adjust schedule operating times, this proposal would facilitate the finalization of those or other trades and transfers prior to the commencement of the 2006 winter scheduling season. Underlying this proposed decision is that through the Order’s elimination of a usage requirement, there are several scheduled arrivals that while allocated have not been fully utilized. It was not PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 until August 29, 2006, when we issued the final rule on O’Hare operations, that carriers could have definitely known that under-utilized authorizations could be transferred for consideration rather than simply traded temporarily on a one-for-one basis.1 Unintentionally, the FAA thus created a 2-month window in which carriers may have found it to their benefit to hold onto their arrivals rather than trade them, saving them potentially to obtain monetary value in a secondary market. We are concerned that this contributes towards an inefficient use of authorizations. For these reasons the Administrator has tentatively determined that there is no longer any justification for maintaining a restriction that arrival authorizations may only be transferred on a one-for-one basis and a prohibition on sales, leases and other transactions that result in the transfer of arrival authorizations for consideration. Therefore, with respect to scheduled flight operations at O’Hare under the August 2004 Order, as amended, the FAA proposes to adopt the following measures in substitution for ordering paragraph 6: 6. An air carrier who is currently operating or will operate at O’Hare by December 31, 2006, may buy, sell, lease or otherwise transfer or trade any scheduled arrival from 7 a.m. through 8:59 p.m. to or from any other air carrier who is operating or will operate at O’Hare by December 31, 2006. Each air carrier must receive advance written approval of the Administrator, or her delegate, of the trade or transfer. All requests to trade or transfer a scheduled arrival must be submitted in writing to the FAA Slot Administration Office, facsimile (202) 267–7277 or e-mail 7– AWA–Slotadmin@faa.gov, and must come from a designated representative of the air carrier. Request for Comments The FAA invites all interested persons to submit written comments on the proposals described in this order by filing their written views in Docket FAA–2006–16944 on or before September 29, 2006. Issued in Washington, DC, on September 22, 2006. James W. Whitlow, Deputy Chief Counsel for Policy and Adjudications. [FR Doc. 06–8300 Filed 9–22–06; 2:07 pm] BILLING CODE 4910–13–P 1 Section 93.27 provides for the sale and lease of authorized authorizations in a blind, cash-only secondary market. E:\FR\FM\26SEN1.SGM 26SEN1

Agencies

[Federal Register Volume 71, Number 186 (Tuesday, September 26, 2006)]
[Notices]
[Pages 56213-56214]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8300]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2004-16944]


Operating Limitations at Chicago O'Hare International Airport; 
Order To Show Cause and Request for Comments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of Order To Show Cause and request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA has issued an order to show cause, which solicits the 
views of interested persons on the FAA's tentative determination to 
modify the August 2004 order temporarily limiting scheduled operations 
at O'Hare International Airport (O'Hare). The text of the order to show 
cause is set forth in this notice.

DATES: Any written information that responds to the FAA's order to show 
cause must be submitted by September 29, 2006.

ADDRESSES: You may send comments, identified by docket number FAA-2004-
16944, using any of the following methods:
     DOT Docket Web site: Go to https://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to https://
www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Fax: 1-202-493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to 
https://dms.dot.gov, including any personal information you provide.
    Using the search function of our docket web site, anyone can find 
and read the comments received into any of our dockets, including the 
name of the individual sending the comment (or signing the comment on 
behalf of an association, business, labor union, etc.). You may review 
DOT's complete Privacy Act Statement in the Federal Register published 
on April 11, 2000 (65 FR 19477-19478) or you may visit https://
dms.dot.gov.
    Docket: To read background documents or comments received, go to

[[Page 56214]]

https://dms.dot.gov at any time or to Room PL-401 on the plaza level of 
the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Komal Jain, Office of the Chief 
Counsel, Regulations Division, AGC-240, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone (202) 267-3073.

SUPPLEMENTARY INFORMATION:

Order To Show Cause

    The Federal Aviation Administration (FAA) has tentatively 
determined that it is necessary to modify the August 2004 order, as 
amended, (the Order) temporarily limiting scheduled operations at 
O'Hare International Airport (O'Hare). Under the Order, the FAA may 
modify or withdraw any provision in the order on its own or on 
application by any air carrier for good cause shown. The FAA proposes 
to eliminate the prohibition on trading or transferring (buying, 
selling, or leasing) arrival authorizations for consideration for the 
remaining duration of the Order. We believe there may be merit to 
allowing carriers to modify their schedules for competitive or 
operational reasons through various market mechanisms prior to the 
effective date of the August 29, 2006, final rule regulating scheduled 
arrivals at O'Hare.
    The FAA invites air carriers and other interested persons to submit 
written comments by no later than September 29, 2006, in Docket FAA-
2006-16944 on this proposal. After reviewing and evaluating the 
comments, the FAA expects to issue a final modification to the Order 
based on this proposal.

Background

    On August 18, 2004, the FAA issued an order limiting the number of 
scheduled arrivals that air carriers conduct at O'Hare during peak 
hours. The August 18 Order followed a period during which O'Hare 
operated without any regulatory constraint on the number of aircraft 
operations, and O'Hare experienced significant congestion-related 
delay. The Order took effect November 1, 2004, and was subsequently 
extended on March 25, 2005, October 6, 2005, and March 31, 2006. It 
terminates at midnight, October 28, 2006, when the August 29, 2006, 
final rule, Congestion and Delay Reduction at Chicago O'Hare 
International Airport, becomes effective. 71 FR 51382.
    The Order established two means through which air carriers can move 
an existing arrival that has been authorized under the Order and 
scheduled within the period from 7 a.m. though 8:59 p.m. The first is 
through requests for schedule changes that are subject to the 
Administrator's approval and a determination that the schedule change 
would not adversely affect operations or congestion at O'Hare, taking 
into account the strict limits on operations per hour that were 
established when the Order first took effect. The second is through a 
trade of an arrival time for another but on a one-for-one basis with 
another air carrier. Once again, the trade is subject to the 
Administrator's approval and a determination that the trade will not 
increase congestion or adversely affect operations at the airport. At 
the time of the Order, the FAA determined that these two mechanisms 
would provide carriers with adequate flexibility to make changes if 
necessary during peak hours of operation.

Order To Show Cause

    When it issued the Order the FAA intended that it would be in 
effect for a short duration--until the FAA published a final rule to 
limit scheduled arrivals at O'Hare and establish allocation, transfer 
and other procedures not included in the Order. The FAA did not 
anticipate that the Order would be extended through October 2006. 
Limiting trades of scheduled arrivals, so that they could occur only on 
a one-for-one basis and remain in place only for the duration of the 
Order, particularly when coupled with a prohibition on sales and 
leases, has had the unintended effect of eliminating any flexibility to 
shift operations even when such shifts would not contribute to 
congestion or interfere with the hourly cap on operations.
    In order to facilitate the most efficient transition from the Order 
to the final rule, the FAA proposes to allow carriers to make long-term 
adjustments to their holdings of scheduled arrivals during the last 
remaining days of the Order, as described below. Under this proposed 
modification, the FAA would accept permanent trades, which the FAA 
would then recognize at the effective date of the final rule. As 
several carriers have long-standing, multi-seasonal trades to adjust 
schedule operating times, this proposal would facilitate the 
finalization of those or other trades and transfers prior to the 
commencement of the 2006 winter scheduling season.
    Underlying this proposed decision is that through the Order's 
elimination of a usage requirement, there are several scheduled 
arrivals that while allocated have not been fully utilized. It was not 
until August 29, 2006, when we issued the final rule on O'Hare 
operations, that carriers could have definitely known that under-
utilized authorizations could be transferred for consideration rather 
than simply traded temporarily on a one-for-one basis.\1\ 
Unintentionally, the FAA thus created a 2-month window in which 
carriers may have found it to their benefit to hold onto their arrivals 
rather than trade them, saving them potentially to obtain monetary 
value in a secondary market. We are concerned that this contributes 
towards an inefficient use of authorizations.
---------------------------------------------------------------------------

    \1\ Section 93.27 provides for the sale and lease of authorized 
authorizations in a blind, cash-only secondary market.
---------------------------------------------------------------------------

    For these reasons the Administrator has tentatively determined that 
there is no longer any justification for maintaining a restriction that 
arrival authorizations may only be transferred on a one-for-one basis 
and a prohibition on sales, leases and other transactions that result 
in the transfer of arrival authorizations for consideration. Therefore, 
with respect to scheduled flight operations at O'Hare under the August 
2004 Order, as amended, the FAA proposes to adopt the following 
measures in substitution for ordering paragraph 6:
    6. An air carrier who is currently operating or will operate at 
O'Hare by December 31, 2006, may buy, sell, lease or otherwise transfer 
or trade any scheduled arrival from 7 a.m. through 8:59 p.m. to or from 
any other air carrier who is operating or will operate at O'Hare by 
December 31, 2006. Each air carrier must receive advance written 
approval of the Administrator, or her delegate, of the trade or 
transfer. All requests to trade or transfer a scheduled arrival must be 
submitted in writing to the FAA Slot Administration Office, facsimile 
(202) 267-7277 or e-mail 7-AWA-Slotadmin@faa.gov, and must come from a 
designated representative of the air carrier.

Request for Comments

    The FAA invites all interested persons to submit written comments 
on the proposals described in this order by filing their written views 
in Docket FAA-2006-16944 on or before September 29, 2006.

    Issued in Washington, DC, on September 22, 2006.
James W. Whitlow,
Deputy Chief Counsel for Policy and Adjudications.
[FR Doc. 06-8300 Filed 9-22-06; 2:07 pm]
BILLING CODE 4910-13-P