Operating Limitations at Newark Liberty International Airport, 14552-14565 [08-1037]
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Federal Register / Vol. 73, No. 53 / Tuesday, March 18, 2008 / Notices
The supplemental information may be
reviewed in person at this same
location.
The FAA
invites public comment on the
additional documentation provided by
the applicant in response to the FAA’s
requests for clarification and the
District, to the FAA in support of the
District’s application to impose a PFC at
PFN and, once that airport closes, at the
New PFN and to use the PFC revenue
at the New PFN to construct New PFN.
This document requests public
comment on the supplementary material
provided by the applicant, the Panama
City-Bay County Airport and Industrial
District (the District), in response to the
FAA’s requests for clarification of its
application to impose a PFC at PFN and,
once that airport closes, at the New PFN
and to use the PFC revenue at the New
PFN to construct New PFN.
The supplemental material includes
all documentation provided to the FAA
by the District after July 16, 2007, which
was the date of the Districts’ submission
of its PFC application for collection and
use of PFC revenue to construct certain
portions of New PFN. The FAA will
issue a decision on the District’s PFC
application under the provisions of the
49 U.S.C. 40117 and 14 CFR Part 158.
Background: On July 16, 2007, the
District submitted its application to
impose a PFC at PFN and, once that
airport closes, at the New PFN. The
District will use the PFC revenue to
construct New PFN.
On August 16, 2007, the FAA sent a
letter to the District notifying it that the
PFC application was substantially
complete.
The FAA’s decision making process
on PFC applications may include
publishing a notice in the Federal
Register informing the public of the
FAA’s intention to rule on the pending
application and inviting public
comment on that application.
Consideration is given to all
comments submitted pursuant to the
Federal Register Notice during FAA’s
deliberations on the application. The
FAA responds to the substantive
comments in its Final Agency Decision.
The FAA published notice and invited
comment on the District’s application in
the Federal Register on August 24,
2007. The deadline for the public to
comment closed on September 24, 2007.
The FAA did not receive any comments
in response to its August 24, 2007
Federal Register notice.
In conjunction with rendering its
decisions on PFC applications, the FAA
determines the PFC eligibility for each
project, and whether the eligible
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SUPPLEMENTARY INFORMATION:
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projects are adequately justified. In
reviewing the application submitted by
the District, the FAA discovered that
further clarification would be helpful to
make its required determinations.
Accordingly, the FAA asked the
District to clarify certain information on
costs related to Project # 1—the
Perimeter Road and Fencing Project and
Project #3 Paving/Lighting/NAVAIDS
(specifically the NAVAIDS portion); and
information related to Project # 6—
Facilities (particularly the design of the
Public Safety Building for Aircraft
Rescue and Firefighting (ARFF)). The
FAA also asked the District to provide
clarification as to the use of AIP and
PFC funding on the projects.
In response to the FAA’s requests, the
District provided supplemental material
in the form of e-mails, which included
cost information on perimeter road
improvements and NAVAIDS; a revised
Exhibit 2; a funding summary; and floor
plans of the ARFF building.
Any person may inspect the PFC
application and supplementary material
submitted by the District to the FAA at
the FAA office listed above under FOR
FURTHER INFORMATION CONTACT (call
(202) 267–3845 to arrange for access).
In addition, any person may, upon
request, inspect the application, notice
and supplemental information germane
to the application in person at the
offices of the District.
Issued in Washington, DC, on March 7,
2008.
Joe Hebert,
Manager, Financial Analysis and Passenger
Facility Charge Branch.
[FR Doc. E8–5163 Filed 3–17–08; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2008–0221]
Operating Limitations at Newark
Liberty International Airport
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of Proposed Order
Limiting Scheduled Operations at
Newark Liberty International Airport;
Request for Comments.
AGENCY:
SUMMARY: The Federal Aviation
Administration (FAA) has tentatively
determined that it is necessary to place
a temporary limitation on scheduled
flight operations at Newark Liberty
International Airport (EWR). The FAA is
issuing this proposal as a result of
persistent congestion and delays at EWR
during the peak operating hours, as well
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as a dramatic projected increase in flight
delays at the airport during the summer
of 2008 if proposed schedules were
implemented as requested by carriers.
We intend this proposed limitation on
scheduled operations to relieve the
substantial inconvenience to the
traveling public caused by excessive
congestion-related flight delays at the
airport, which magnify as they spread
through the National Airspace System.
Among other things, this proposal will
ensure that projected delays do not
increase significantly and provide for a
more efficient use of the nation’s
airspace. The final Order would take
effect at 6 a.m., Eastern Time, on June
1, 2008, and would expire at 11:59 p.m.,
Eastern Time, on October 24, 2009.
This proposed limitation on
scheduled operations is necessary to
prevent an increase in scheduled flights
during peak hours. Flights in certain
hours in summer 2007 were in excess of
the airport’s capacity, and scheduling is
a factor in the high level of delays
historically experienced at the airport.
The proposed limits would apply to all
U.S. and foreign air carriers’ scheduled
operations, excluding helicopters, from
6 a.m., Eastern Time, through 10:59
p.m., Eastern Time. A final Order would
be enforceable under the FAA’s civil
penalty authority. In a separate docket,
the FAA intends to propose limits on
unscheduled flights at EWR during the
same hours, as well as a system to
allocate the reservations for the
available unscheduled operations. The
FAA anticipates that the total number of
operations at EWR will be limited to an
average of 83 per hour.
DATES: Send your comments on this
proposed order on or before April 1,
2008.
You may submit comments,
identified by docket number FAA–
2008–0221, using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://regulations.gov and follow the
online instructions for sending your
comments electronically.
• Mail: Send comments by mail to
Docket Operations, U.S. Department of
Transportation, M–30, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590–0001. Persons
wishing to receive confirmation of
receipt of their written submission
should include a self-addressed
stamped postcard.
• Hand Delivery: Deliver comments to
Docket Operations in Room W12–140
on the ground floor of the West Building
at 1200 New Jersey Avenue, SE.,
Washington DC, between 9 a.m. and 5
ADDRESSES:
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p.m., Monday through Friday, except
Federal holidays.
• Facsimile: Fax comments to the
docket operations personnel at 202–
493–2251.
Privacy: We will post all comments
that we receive, without change, at
https://www.regulations.gov, including
any personal information that you
provide. Using the search function of
the docket Web site, anyone can find
and read the electronic form of all
comments in 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, or other entity or
organization. You may review the DOT’s
complete Privacy Act Statement in the
Federal Register at 65 FR 19477–78
(April 11, 2000), or you may find it at
https://docketsinfo.dot.gov.
Reviewing the docket: To read
background documents or comments
received, go to https://
www.regulations.gov at any time and
follow the online instructions for
accessing the docket; or go to Docket
Operations in Room W12–140 on the
ground floor of the West Building at
1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Gerry Shakley, System Operations
Services, Air Traffic Organization;
telephone—(202) 267–9424; e-mail—
gerry.shakley@faa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Government has exclusive
sovereignty over the airspace of the
United States.1 Under this broad
authority, Congress has delegated to the
Administrator extensive and plenary
authority to ensure the safety of aircraft
and the efficient use of the nation’s
navigable airspace. In particular, the
Administrator is required to assign the
use of navigable airspace by regulation
or order under such terms, conditions,
and limitations as he may deem
necessary to ensure its efficient use.2
The Administrator also may modify or
revoke an assignment when required in
the public interest.3 The FAA construes
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1 49
U.S.C. 40103(a).
2 49 U.S.C. 40103(b)(1), as previously codified in
49 U.S.C. App. § 307(a). Congress recodified Title
49 of the United States Code in Pub. L. No. 103–
222, 108 Stat. 745 (1994), under which the textual
revisions were specifically not intended to result in
substantive changes to the law. A report describing
the recodification stated that the words in §307(a)
‘‘under such terms, conditions, and limitations as
he may deem’’ were omitted as surplus. H. Rpt.
103–180 (103d Cong., 1st Sess. 1993) at 262.
3 Id.
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its statutory directive to act in the
public interest as implicitly applying to
any decision by the FAA to assign the
efficient use of the navigable airspace.
Furthermore, in carrying out the
Administrator’s safety responsibilities
under the statute, the Administrator
must consider controlling the use of the
navigable airspace and regulating civil
operations in that airspace in the
interest of the safety and efficiency of
those operations.4
The FAA interprets its broad statutory
authority to manage ‘‘the efficient use of
airspace’’ to encompass its management
of the nationwide system of air
commerce and air traffic control. On a
daily basis, that system regularly
transports millions of passengers,
thousands of tons of cargo, and millions
of pieces of mail. The FAA believes that
ensuring the efficient use of the airspace
means that it must take all necessary
and reasonable steps to prevent extreme
congestion at an airport from disrupting
or adversely affecting the overall air
traffic system for which the FAA is
responsible. Inordinate delays at a
single airport can ripple throughout
other parts of the system, causing losses
in time and money for individuals and
non-aviation businesses, as well as for
U.S. and foreign air carriers.
EWR has historically experienced a
significant number of delays relative to
other airports. Ranked according to the
proportion of delayed operations, EWR
has frequently been the most delayed
airport in the system. Daily operations
have been relatively stable while delays
have continued to increase. In Fiscal
Year (FY) 2000, there were 1,253
average daily operations. In FY 2007,
there were 1,219 average daily
operations, a decrease of about 3
percent. Demand during peak hours,
however, approaches or exceeds the
average runway capacity, resulting in
volume-related delays. These are more
apparent when weather or other
operating conditions reduce the
airport’s capacity below optimal levels.
The percent of on-time gate arrivals
within 15 minutes of the scheduled time
decreased from 70.66% in FY 2000 to
63.97% in FY 2006 and to 61.71% in FY
2007. The average daily counts of arrival
delays greater than one hour were 54 in
FY 2000; 79 in FY 2006; and 93 in FY
2007, an increase of almost 18% in the
last fiscal year alone.
During the summer of 2007, another
New York-area airport, John F. Kennedy
International Airport (JFK), also
experienced significant congestionrelated delays. Based on both airports’
summer 2007 performance and absent
4 49
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U.S.C. 40101(d)(4).
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any major capacity enhancing projects,
the FAA designated the airports as Level
2 Schedules Facilitated Airports for the
summer 2008 scheduling season, in
accordance with the International Air
Transport Association (IATA)
Worldwide Scheduling Guidelines.5 In
designating the airports as IATA Level
2 Schedules Facilitated Airports, the
FAA required all U.S. and foreign air
carriers to report to the FAA their
proposed summer 2008 scheduled
operations at the airports during
designated hours.6
The information that the U.S. and
foreign air carriers reported to the FAA
regarding their proposed operations at
EWR reflected a significant increase in
scheduled operations, especially during
already peak hours when the airport
routinely experienced delays. In
particular, U.S. and foreign air carriers
requested about 100 new operations,
adding to the schedules that produced
pronounced delays during summer
2007. The proposed schedules in the
afternoon and evening period were of
the greatest concern. For example,
several consecutive hours would have
had demand for arrivals or departures in
the mid-90s and others in the upper 80s.
By contrast, EWR’s adjusted average
airport capacity reflects that, from
September 2006 through August 2007,
the airport handled or was capable of
handling an average of 83 operations per
hour.
The FAA modeled the level of delays
that passengers transiting EWR could
expect if the carriers were to operate the
summer 2008 schedules that they
proposed. The average arrival delays
would have increased 38% to 35
minutes; the average number of arrival
delays of at least one hour would have
increased 50%; and the mean arrival
delay would have reached almost 80
minutes by 7 p.m. Departures would
have likewise been impacted.7
Moreover, the congestion and delays
that the FAA modeled for the proposed
EWR schedules would also have an
adverse effect on other airports in the
region and on the National Airspace
System. For example, JFK and
LaGuardia Airport, which are located
only a few miles from EWR, have
5 72
FR 54,317 (Sept. 24, 2007).
receiving the requested information, the
FAA has issued an order limiting scheduled
operations at JFK and has designated it an IATA
Level 3 Coordinated Airport. 73 FR 3,510 (Jan. 18,
2008)(Order Limiting Scheduled Operations); 72 FR
60,710 (Oct. 25, 2007)(Notice of Airport Level
Designation).
7 As with previous aircraft queuing model runs
produced for the FAA by the MITRE Corporation’s
Center for Advanced Aviation System Development
(CAASD), it was assumed that no scheduled
operation was cancelled.
6 Since
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consistently been among the nation’s
most delay-prone airports. The recently
approved airspace redesign plan for the
New York/New Jersey/Philadelphia
metropolitan area documents the costs
and far-reaching impacts of delays that
emanate from this area.8
In response to the U.S. and foreign air
carriers’ proposed summer 2008
schedules, the FAA held discussions
with many of the carriers to validate
their schedule requests and to ask them
to reconsider their proposed timings in
light of the airport’s capacity
limitations. Although there were some
modest revisions to the proposed
schedules, it was clear that demand
would continue to exceed capacity
without further actions. The FAA
elected to modify EWR’s IATA
designation to a Level 3 Coordinated
Airport for summer 2008.9 This
designation permitted the FAA the
flexibility to focus proposed new
operations at the airport on hours
during which airport capacity is
available and to deny proposed new
operations during oversubscribed hours.
Some carriers, including Continental
Airlines, the primary hub carrier at
EWR, moved some historic peak hour
flights to less congested times in order
to assist with delay reduction. The
results of the FAA’s discussions with
U.S. and foreign air carriers with respect
to their summer 2008 schedules are
summarized in the appendix to this
proposed order. The FAA has also
provided individual schedule approval
to carriers as part of the IATA
Worldwide Scheduling Guidelines
review process and other discussions.
The individual schedule approval may
contain additional information
regarding effective dates or schedule
changes for parts of the summer 2008
season. Although the appendix
summarizes the peak period operations,
it is not meant to rescind any prior
approvals granted by the FAA for
summer 2008.
Despite the relative relief that the
approved schedules should yield over
the proposed summer 2008 schedules,
the FAA, working with the airport
operator, carriers, and other customer
representatives, has begun to implement
a number of short-term initiatives to
improve the efficiency of airport
operations and the air traffic control
system, especially during periods of
adverse weather when the effects of
8 The Record of Decision implementing the New
York/New Jersey/Philadelphia Metropolitan Area
Airspace Redesign was issued September 5, 2007
and may be found at: https://www.faa.gov/
airports_airtraffic/air_traffic/nas_redesign/
regional_guidance/eastern_reg/nynjphl_redesign/.
9 72 FR 73,418 (Dec. 27, 2007).
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overscheduling are more pronounced.
The FAA’s recently concluded New
York Aviation Rulemaking Committee
examined congestion issues in the New
York area and considered a list of over
77 initiatives that could improve
operations in the region, including some
that apply specifically to EWR.
Moreover, airspace redesign will open
additional arrival and departure routes
in the New York area to reduce delays
and congestion. These measures alone,
however, are not expected to provide
sufficient near-term gains to
accommodate the peak hour schedules
at EWR’s unrestricted level of demand.
II. Summary of the Proposed
Operational Limitations
A. Hourly Schedule Limitations
The FAA proposes to limit total
operations at EWR during the
constrained hours to an average of 83
per hour. Accordingly, the proposed
limitation on scheduled operations
identified in the appendix is based on
the FAA’s assessment that EWR’s
adjusted average airport capacity from
September 2006 through August 2007
was 83 operations per hour, and it takes
into account the need for some
accommodation of unscheduled
operations at the airport. In identifying
EWR’s average adjusted airport capacity,
the FAA considered the airport’s
capacity to be the higher value of either
the aircraft throughput at the airport in
a given hour or the number of arrivals
and departures that air traffic control
personnel identified as achievable in
that hour. As a result, the FAA accepted
the higher number when the airport’s
performance exceeded expectations, as
well as when the airport’s potential
capacity exceeded demand. This
measurement reflects the airport’s
demonstrated and potential
performance over time under actual
meteorological and operational
conditions.
The modeled delays for the schedules
in the appendix will be a significant
improvement over the proposed
summer 2008 schedules that the carriers
filed with the FAA in October 2007,
under which the longest arrival delays
would increase by up to 50 percent over
the summer 2007 levels. The scheduled
operations identified in the appendix
include an average of almost 82
operations by U.S. and foreign air
carriers in certain hours. Some hours are
currently below the limit of 81 and will
be used for delay mitigation during, at
a minimum, the summer of 2008.
The FAA has decided to allocate
Operating Authorizations in 30-minute
increments. The FAA will continue to
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work with carriers to smooth their
schedules and to adjust the timing of
arriving and departing flights within the
allocated times. We will also closely
monitor the efficiency gains and the
reduction in delay from the
implementation of airspace redesign
and other air traffic control or airport
operational changes in order to ensure
that our scheduling limits reflect fully
the available capacity.
B. Operational Flexibility and Future
Airport Growth
Based on the FAA’s experience with
capacity-constrained airports, we
anticipate that U.S. and foreign air
carriers may occasionally need to
modify their schedule times for
operational or other reasons while the
Order that we propose is in effect.
Accordingly, we acknowledge that the
Order should provide a mechanism
through which such carriers can modify
their schedules. Given the nearsaturation of the EWR’s peak
operational hours, however, it is also
essential that any schedule adjustment
preserves the stabilizing effect of the
operational limits. Therefore, we
propose to establish three means
through which U.S. and foreign air
carriers can change an initial allocation
of an Operating Authorization within
the period from 6 a.m. through 10:59
p.m.
First, because it is necessary to
evaluate the effect of any proposed
schedule change, a U.S. or foreign air
carrier must obtain the Administrator’s
written approval before making a
schedule change that would be outside
the 30-minute window of the allocated
Operating Authorization. If we
determine that the schedule change will
not adversely affect congestion at EWR,
the FAA will approve it. Because the
FAA wishes to maximize the reduction
in delays while accommodating carriers’
need for flexibility, the FAA anticipates
that it would approve schedule changes
that would reduce the overall number of
flights in any given hour to or below 81.
Second, if the FAA is unable to
approve a proposed schedule change, a
U.S. or foreign air carrier may still
achieve the scheduling change by
trading Operating Authorizations with
another carrier. Before any such trade
becomes final, the carriers must obtain
the Administrator’s written approval.
Once again, if the FAA determines that
the trade will not increase congestion at
EWR, it may be approved.
Third, in addition to the permitted
trades of Operating Authorizations
among U.S. or foreign air carriers, the
FAA will permit the leasing of the
Operating Authorizations assigned
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under the final Order, provided that any
lease does not survive the Order’s
expiration. The carriers may offer or
accept any form of consideration in a
lease transaction negotiated under the
Order. However, the Order is not
intended to create a long-term solution
to congestion at EWR. Because the
Operating Authorizations established
under the Order will not create longterm rights at EWR, the FAA will not
allow lease transactions that assume
that the carrier leasing an Operating
Authorization will acquire any right to
continue operating flights after the
Order expires. Accordingly, permanent
sales, purchases, or transfers of
Operating Authorizations will not be
permitted. In addition, in order to
promote meaningful participation in the
IATA scheduling process, a carrier may
not lease an Operating Authorization
unless it has actually used the
authorization to conduct flights to or
from EWR at least 80% of the time over
a consecutive 90-day period.
In the event that any new capacity is
realized at EWR during the constrained
hours of 6 a.m. through 10:59 p.m.
while the final Order is in effect, the
FAA intends to allocate it consistent
with our responsibility to manage the
efficiency of the National Airspace
System. New capacity is defined as any
hourly capacity above and beyond 81,
other than those Operating
Authorizations above that level
allocated under this Order. As new
capacity becomes available, as allocated
Operating Authorizations are returned
to the FAA, or as currently unallocated
Operating Authorizations become
available, the FAA plans to lease that
capacity. Capacity returned to the FAA
as a function of this Order’s use-or-lose
provision or as a result of a carrier
ceasing operations at EWR would also
be leased by the FAA, but we would not
withdraw existing capacity from any
carrier for leasing purposes. We
anticipate that each lease will be for a
period of up to five years. Leases may
be issued pursuant to an auction, with
the highest responsive bidder being
awarded the lease. Auction procedures
will be consistent with our international
obligations. Foreign air carriers will be
eligible to bid on leases. We will
provide additional information about
leasing procedures and the relevant
statutory authorities before conducting
any auction.
Because carriers may wish to initiate
operations after the commencement of a
scheduling season or to cease operations
prior to the end of the season, there may
be some available capacity during some
periods of both the summer and winter
scheduling seasons. It is feasible that
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some of this capacity could be
reintroduced into the system without
significantly increasing delays. In
addition, the FAA recognizes that a
carrier may have a short-term need to
conduct operations during these time
periods. As a result, we propose that a
carrier may request that the FAA allow
it to temporarily operate a flight at a
time period when there is, for this
reason, temporarily idle capacity. The
FAA would retain full discretion to
determine whether to allow these shortterm operations, which would not be
afforded historical status when
determining Operating Authorizations
for the next applicable season. By
contrast, any longer-term capacity that
is returned by a carrier’s failure to
adhere to the final order’s usage
requirement could be reallocated for the
next applicable season via an auction
procedure.
C. Effect on Limited Incumbents and
New Entrants
Throughout the IATA scheduling
process, and during our review of all the
schedule requests of U.S. and foreign air
carriers, the FAA has sought a solution
to EWR’s burgeoning congestion that is
fair to all the carriers. Throughout the
process, the FAA was sensitive to the
proportionally greater importance a
single operation can have to a carrier
that operates fewer overall flights at
EWR. As a result, in addition to granting
all but the largest U.S. air carrier at EWR
their historic schedules at every hour if
they wished to continue them, carriers
were able to add operations from their
proposed summer 2008 schedules
during the hours in which capacity
remained available. Moreover, despite
the generally congested peak hours,
carriers without any current presence at
the airport were able to add one
roundtrip within the afternoon and
evening hours using the limited
available capacity. The resulting
schedule carefully balances the
competing interests of all carriers at
EWR and is the least intrusive on the
carriers with the smallest EWR
presence, which retain all of their
historic and realistically timed new
operations at the airport.
In addition, as proposed in the
previous subsection of this Order, all
carriers will have an opportunity to
acquire and to retime operations at EWR
while the Order is in effect. Under the
Order, all carriers would have the
opportunity to trade with others for
Operating Authorizations at times that
are more desirable to them. In addition,
all U.S. and foreign air carriers have the
opportunity to lease Operating
Authorizations from other carriers for
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14555
the duration of the Order. Furthermore,
in the event that FAA or airport
initiatives create new capacity at EWR
while the Order is in effect, all
carriers—including those without a
presence at EWR and those with few
operations—would have the
opportunity to bid on a leasehold
interest in the new operations via an
auction process.
D. Foreign Air Carriers
Foreign air carriers are included in
the limits proposed in this Order and
would be allocated Operating
Authorizations based on historic
summer 2007 operations or on amended
requests for summer 2008 schedules
that have been approved by FAA. In
November, the FAA met with many of
the carriers at the IATA Schedules
Conference to review the proposed
summer 2008 schedules. Historic
operations of foreign air carriers were
granted if requested for summer 2008, as
were some retimings. Foreign air
carriers, like U.S. air carriers, were
offered alternative timings when
capacity was available, and they may
trade or lease Operating Authorizations
to change the timing of their operations
or to obtain additional Operating
Authorizations.
Because the final Order would extend
until October 24, 2009, the FAA
understands that there may be slight
variations with winter timings or
allocations that will need to be
considered. The FAA does not propose
to exceed the limits set forth in the
appendix for the winter 2008/2009
scheduling season, but we will work
with carriers to address their historic
scheduling needs.
E. Usage Requirement and Withdrawals
The FAA has considered whether, in
order to encourage maximum utilization
of EWR’s limited capacity, the final
Order should include a usage
requirement for the Operating
Authorizations that it allocates. Such
requirements are common at capacity
constrained airports. A usage
requirement previously applied at
several High Density Rule airports; it
continues to apply to Ronald Reagan
Washington National Airport under the
High Density Rule; and such a
requirement applies under the rules
currently in effect at Hare International
Airport and the orders now governing
LaGuardia Airport and JFK. In addition,
the IATA Worldwide Scheduling
Guidelines include a minimum usage
requirement. Including a usage
requirement may provide a greater
opportunity for carriers to obtain
Operating Authorizations in the
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secondary market, because carriers may
seek to lease them rather than lose
Operating Authorizations for
underutilization. This could potentially
benefit carriers seeking to enter the
market or to increase their presence at
EWR
In the recently issued order limiting
scheduled operations at JFK, as
amended, the FAA adopted the IATA
Worldwide Scheduling Guidelines
requirement for the usage of JFK’s
Operating Authorizations. We propose a
very similar usage requirement at EWR,
once again applying an 80% usage
threshold. Under the Worldwide
Scheduling Guidelines, carriers are
required to inform the coordinator of
their intended summer and winter
operations by January 15 and August 15,
respectively.10 Any operations not
declared by these dates are surrendered
and are not given historical status for
the subsequent applicable scheduling
season. However, they also do not count
against each carrier’s calculated usage
rate for use-or-lose purposes. For
example, if a carrier were to tell the
FAA that it would commence
operations on June 1 and cease those
operations on August 31, the relevant
timeframe for measuring the carrier’s
usage of the Operating Authorization
would be June 1 through August 31,
even though the summer scheduling
season, in 2008, runs from March 30
until October 25. Assuming the carrier
conducted enough flights under the
Operating Authorization in the June
through August timeframe to receive
historical recognition, the carrier would
retain the Operating Authorization
within the summer 2009 scheduling
season, from June 1 through August 31.
The FAA recognizes a distinct merit
in this approach in the context of a
congested airport like EWR. A strictly
seasonal use-or-lose policy would
require carriers to operate flights on the
shoulders of a scheduling season merely
to ensure that they would not lose the
Operating Authorization during the few
weeks or months when they actually
require it. This unnecessary service
would have the effect of artificially
inflating demand for EWR’s limited
runway capacity during the spring and
fall, leading to an increase in
congestion-related delay.
Accordingly, we propose that, for
purposes of use-or-lose and historical
allocation for subsequent seasons,
carriers must tell the FAA when their
usage of a particular Operating
Authorization will start and stop. Under
this approach, because it is now too late
10 The slot return deadlines were recently
changed by IATA from January 31 and August 31.
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to meet the submission date specified in
the Worldwide Scheduling Guidelines
for summer 2008, carriers must report
on or before June 6, 2008, their planned
usage of the EWR Operating
Authorizations identified in the
appendix during summer 2008. Carriers
that have previously provided the
effective dates of their summer 2008
schedules, and received approval from
the FAA for those schedules, do not
need to resubmit the information.
Thereafter, the carriers’ notification to
the FAA of their planned usage for
winter 2008/2009 and summer 2009
schedules will follow the Worldwide
Scheduling Guidelines’ schedule. Thus,
the FAA will receive initial schedule
requests for the winter 2008/2009
scheduling season by the May 15
deadline and coordinate with carriers at
the June 2008 IATA Schedules
Conference.
With respect to the carriers’ reported
usage of their Operating Authorizations
during or after each scheduling season,
the FAA proposes to adopt requirements
that are similar to those in the recent
JFK order, as amended. Accordingly,
carriers would be required to provide
the FAA with an interim usage report
approximately two months before the
end of the scheduling season and a final
report at the end of the season. The final
report would be due no later than 30
days after the end of the scheduling
season.
Recognizing that there may be
unexpected times when a carrier’s
operations are greatly disrupted, the
Administrator proposes to retain the
authority to waive the 80% usage
requirement in the event of a highly
unusual and unpredictable condition
which is beyond the control of the
carrier and which exists for a period of
5 consecutive days or more.
Additionally, the FAA will treat as used
any Operating Authorization held by a
carrier on Thanksgiving Day, the Friday
following Thanksgiving Day, and the
period from December 24 through the
first Saturday in January.
If the FAA determines that a
reduction in the number of allocated
Operating Authorizations is required to
meet operational needs, such as reduced
airport capacity, the FAA proposes to
conduct a weighted lottery to withdraw
Operating Authorizations to meet a
reduced hourly or half-hourly limit for
scheduled operations.11 When capacity
11 In a weighted lottery, the risk of having an
Operating Authorization withdrawn is proportional
to the number of Operating Authorizations that a
carrier holds. Thus, those carriers with the greatest
number of authorizations are most likely to have an
authorization withdrawn. Those with very few
PO 00000
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returns to its previous levels, the
withdrawn Operating Authorizations
would be returned to the carriers from
whom they were withdrawn. The FAA
will provide at least 45 days of advance
notice of the need for a withdrawal, if
possible.
F. Unscheduled Operations
Unscheduled operations, including
general aviation, charter flights, and
other ad hoc operations, have typically
been a small percentage of the overall
traffic at EWR. However, given the level
of congestion projected for summer
2008, even the addition of a few
operations during the oversubscribed
hours can exacerbate delays. Although
they may not have traditionally
appeared in the Official Airline Guide,
some charter and other operations are
regularly conducted carrier operations,
and the FAA considers them to be
scheduled operations for the purposes
of this Order. Therefore, the carriers that
conducted such operations at EWR in
summer 2007 would be allocated
Operating Authorizations for summer
2008.
The FAA is also considering the
issuance of a separate notice of
proposed rulemaking (NPRM) proposing
to limit the number of unscheduled
flights and to require a reservation to
operate during controlled hours. During
the busiest hours, the number of
reservations set aside for unscheduled
operations would be reduced to allow
for additional scheduled traffic. The
FAA expects that under certain
operating conditions, additional
reservations could be made available for
unscheduled operations, provided that
significant delay impacts are not
expected. Additional information on
unscheduled operations and the
proposed reservation system will be
included in the NPRM, and the FAA
will consider any comments received
prior to adopting a final rule.
G. Enforcement of This Order
The FAA may enforce the final Order
through an enforcement action seeking
a civil penalty under 49 U.S.C. 46301(a).
Under that provision, a carrier that is
not a small business as defined in the
Small Business Act, 15 U.S.C. 632, is
liable for a civil penalty of up to $25,000
for every day that it violates the limits
set forth in the Order. A carrier that is
a small business as defined in the Small
Business Act is liable for a civil penalty
of up to $10,000 for every day that it
violates the limits set forth in the Order.
The FAA also may file a civil action in
operations bear a very small, but still some, risk of
having an authorization withdrawn.
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U.S. District Court, under 49 U.S.C.
46106, 46107, seeking to enjoin any
carrier from violating the terms of the
Order.
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H. Intermediate- and Long-Term
Solutions
While this Order proposes a
limitation on the number of scheduled
operations at EWR, it is not the FAA’s
preferred alternative to addressing
capacity shortfalls. In the FAA’s view,
the intermediate- and long-term priority
is to expand airport and airway system
capacity and to increase the efficient use
of existing resources. This is by far the
most effective way to serve the traveling
public and to promote a strong airport
and airway system. Although there is no
single action that will solve the problem
of congestion in and around New York,
the recently concluded New York
Aviation Rulemaking Committee, among
its many other products, published a list
of 77 airport and airspace initiatives that
could help to relieve congestion in the
New York area. The list is available as
appendix C to the committee’s report,
which is currently available as a link off
the FAA’s Web site, https://www.faa.gov.
It includes procedural, technological,
and capital improvements that relate to
all the major New York area airports, the
efficient operation of which are largely
interdependent.
While events or technology may
overtake the completion of all the 77
listed initiatives, each has the potential
to add incrementally to the existing
capacity. Most immediately, we
anticipate the completion of a number
of the items by summer 2008. In
addition, as the views expressed in the
docket indicate, the full implementation
of New York/New Jersey/Philadelphia
airspace redesign and the progressive
achievement of the Next Generation Air
Traffic System’s component
technologies will also contribute to
reducing delay. As a result, to permit
time for system improvements to come
on line, we propose an expiration date
for the final Order of October 24, 2009.
I. Environmental Impact
The agency order stating FAA policies
and procedures with respect to the
environmental impact of FAA activities,
FAA Order 1050.1E, identifies FAA
actions that are categorically excluded
from preparation of an environmental
assessment or environmental impact
statement under the National
Environmental Policy Act in the
absence of extraordinary circumstances.
The FAA has determined that this Order
qualifies for the categorical exclusion
identified in paragraph 312d ‘‘Issuance
of regulatory documents (e.g., Notices of
VerDate Aug<31>2005
17:39 Mar 17, 2008
Jkt 214001
Proposed Rulemaking and issuance of
Final Rules) covering administrative or
procedural requirements (Does not
include Air Traffic procedures; specific
Air Traffic procedures that are
categorically excluded are identified
under paragraph 311 of this Order.)’’
This Order, which proposes a temporary
limitation on operations pending a
future rulemaking, is in the nature of a
rule. No extraordinary circumstances
exist that may cause a significant impact
and therefore no further environmental
review is required.
Accordingly, with respect to
scheduled flight operations at EWR, the
FAA proposes the following ordering
language:
1. This Order assigns operating
authority to conduct an arrival or a
departure at EWR during the affected
hours to the U.S. air carrier or foreign
air carrier identified in the appendix to
this Order. The FAA will not assign
operating authority under this Order to
any person or entity other than a
certificated U.S. or foreign air carrier
with appropriate economic authority
and FAA operating authority under 14
CFR part 121, 129, or 135. This Order
applies to the following:
a. All U.S. air carriers and foreign air
carriers conducting scheduled
operations at EWR as of the date of this
Order, any U.S. air carrier or foreign air
carrier that operates under the same
designator code as such a carrier, and
any air carrier or foreign-flag carrier that
has or enters into a codeshare agreement
with such a carrier.
b. All U.S. air carriers or foreign air
carriers initiating scheduled or regularly
conducted commercial service to EWR
while this Order is in effect.
c. The Chief Counsel of the FAA, in
consultation with the Vice President,
System Operations Services, is the final
decision-maker for determinations
under this Order.
2. This Order governs scheduled
arrivals and departures at EWR from 6
a.m. through 10:59 p.m., Eastern Time,
Sunday through Saturday.
3. This Order takes effect at 6 a.m.,
Eastern Time, on June 1, 2008, and
expires at 11:59 p.m., Eastern Time, on
October 24, 2009.
4. Under the authority provided to the
Secretary of Transportation and the
FAA Administrator by 49 U.S.C. 40101,
40103 and 40113, we hereby order that:
a. No U.S. air carrier or foreign air
carrier initiating or conducting
scheduled or regularly conducted
commercial service at EWR may
conduct such operations without an
Operating Authorization assigned by the
FAA.
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14557
b. Except as provided in the appendix
to this Order, scheduled U.S. air carrier
and foreign air carrier arrivals and
departures will not exceed 81 per hour
from 6 a.m. through 10:59 p.m., Eastern
Time.
c. The Administrator may change the
limits if he determines that capacity
exists to accommodate additional
operations without a significant increase
in delays.
5. For administrative tracking
purposes only, the FAA will assign an
identification number to each Operating
Authorization.
6. A carrier holding an Operating
Authorization may request the
Administrator’s approval to move any
arrival or departure scheduled from 6
a.m. through 10:59 p.m. to another half
hour within that period. Except as
provided in paragraph seven, the carrier
must receive the written approval of the
Administrator, or his delegate, prior to
conducting any scheduled arrival or
departure that is not listed in the
appendix to this Order. All requests to
move an allocated Operating
Authorization must be submitted to the
FAA Slot Administration Office,
facsimile (202) 267–7277 or e-mail 7AWA_Slotadmin@faa.gov, and must
come from a designated representative
of the carrier. If the FAA cannot approve
a carrier’s request to move a scheduled
arrival or departure, the carrier may
then apply for a trade in accordance
with paragraph seven.
7. A carrier may lease or trade an
Operating Authorization to another
carrier for any consideration and for a
period that does not exceed the duration
of this Order. A carrier may not lease an
Operating Authorization unless it has
actually used the authorization to
conduct flights to or from Newark at
least 80% of the time over a consecutive
90-day period. Notice of a trade or lease
under this paragraph 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 each carrier. The FAA must confirm
and approve these transactions in
writing prior to the effective date of the
transaction. The FAA will approve
transfers between carriers under the
same marketing control up to five
business days after the actual operation,
but only to accommodate operational
disruptions that occur on the same day
of the scheduled operation.
8. A carrier may not buy, sell, trade,
or transfer an Operating Authorization,
except as described in paragraph seven.
9. Historical rights to Operating
Authorizations and withdrawal of those
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rights due to insufficient usage will be
determined on a seasonal basis and in
accordance with the schedule approved
by the FAA prior to the commencement
of the applicable season.
a. For each day of the week that the
FAA has approved an operating
schedule, any Operating Authorization
not used at least 80% of the time over
the period authorized by the FAA under
this paragraph will be withdrawn by the
FAA for the next applicable season
except:
i. The FAA will treat as used any
Operating Authorization held by a
carrier on Thanksgiving Day, the Friday
following Thanksgiving Day, and the
period from December 24 through the
first Saturday in January.
ii. The Administrator of the FAA may
waive the 80% usage requirement in the
event of a highly unusual and
unpredictable condition which is
beyond the control of the carrier and
which affects carrier operations for a
period of five consecutive days or more.
b. Each carrier holding an Operating
Authorization must forward in writing
to the FAA Slot Administration Office a
list of all Operating Authorizations held
by the carrier and for each Operating
Authorization:
i. The dates within each applicable
season on which it intends to start and
to cease scheduled operations.
A. For the summer 2008 scheduling
season, the report must be received by
the FAA no later than June 6, 2008.
B. For the winter 2008/2009
scheduling season, the report must be
received by the FAA no later than
August 15, 2008.
C. For the summer 2009 scheduling
season, the report must be received by
the FAA no later than January 15, 2009.
ii. The completed operations for each
day of the applicable scheduling season:
A. No later than September 1 for the
summer scheduling season;
B. No later than January 15 for the
winter scheduling season.
iii. The completed operations for each
day of the scheduling season within 30
days after the last day of the applicable
scheduling season.
10. In the event that a carrier
surrenders to the FAA any Operating
Authorization assigned to it under this
Order or if there are unallocated
Operating Authorizations, the FAA will
determine whether the unallocated
Operating Authorizations should be
reallocated. The FAA may temporarily
allocate an Operating Authorization if it
determines that such allocation will not
increase congestion at the airport. Such
temporary allocations will not be
entitled to historical status for the next
applicable scheduling season under
paragraph 9. Long-term allocations of
returned or unallocated Operating
Authorizations will be by auction.
11. If the FAA determines that a
reduction in the number of allocated
Operating Authorizations is required to
meet operational needs, such as reduced
airport capacity, the FAA will conduct
a weighted lottery to withdraw
Operating Authorizations to meet a
reduced hourly or half-hourly limit for
scheduled operations. The FAA will
provide at least 45 days’ notice unless
otherwise required by operational
needs. Any Operating Authorization
that is withdrawn or temporarily
suspended will, if reallocated, be
reallocated to the carrier from which it
was taken, provided that the carrier
continues to operate scheduled service
at EWR.
12. The FAA will enforce this Order
through an enforcement action seeking
a civil penalty under 49 U.S.C. 46301(a).
A carrier that is not a small business as
defined in the Small Business Act, 15
U.S.C. 632, will be liable for a civil
penalty of up to $25,000 for every day
that it violates the limits set forth in this
Order. A carrier that is a small business
as defined in the Small Business Act
will be liable for a civil penalty of up
to $10,000 for every day that it violates
the limits set forth in this Order. The
FAA also could file a civil action in U.S.
District Court, under 49 U.S.C. 46106,
46107, seeking to enjoin any air carrier
from violating the terms of this Order.
13. The FAA may modify or withdraw
any provision in this Order on its own
or on application by any carrier for good
cause shown.
Issued in Washington, DC, on March 12,
2008.
Robert A. Sturgell,
Acting Administrator, Federal Aviation
Administration.
APPENDIX—OPERATING LIMITATIONS AT NEWARK LIBERTY INTERNATIONAL AIRPORT (EWR)—AUGUST 2008 PROPOSED AS
OF 3/12/2008
[0600–2259 local hours only: 30 minute OA windows]
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APPENDIX—OPERATING LIMITATIONS AT NEWARK LIBERTY INTERNATIONAL AIRPORT (EWR)—AUGUST 2008 PROPOSED AS
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1530
1900
Arrival .....
Departure
1
1
1
1
1
1
1
1
1
1
1
1
1
1
AIC—Air India ......................................................................
AIC—Air India ......................................................................
1600
2100
Arrival .....
Departure
1
1
1
1
1
1
1
1
1
1
1
1
1
1
AIO—Elysair
AIO—Elysair
AIO—Elysair
AIO—Elysair
........................................................................
........................................................................
........................................................................
........................................................................
1600
1900
2000
2200
Arrival .....
Departure
Arrival .....
Departure
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
..........
..........
ASA—Alaska
ASA—Alaska
ASA—Alaska
ASA—Alaska
.......................................................................
.......................................................................
.......................................................................
.......................................................................
0730
1700
1800
2130
Departure
Arrival .....
Departure
Arrival .....
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
ATN—Air Transport Intnl .....................................................
ATN—Air Transport Intnl .....................................................
mstockstill on PROD1PC66 with NOTICES
AAL—American
AAL—American
AAL—American
AAL—American
AAL—American
AAL—American
AAL—American
AAL—American
AAL—American
AAL—American
AAL—American
AAL—American
AAL—American
AAL—American
Arr/Dep
0600
0630
Arrival .....
Departure
..........
..........
1
1
1
1
1
1
1
1
..........
..........
..........
..........
AZA—Alitalia ........................................................................
AZA—Alitalia ........................................................................
1530
1730
Arrival .....
Departure
1
1
1
1
1
1
1
1
1
1
1
1
1
1
BAW—British Airways ..........................................................
BAW—British Airways ..........................................................
BAW—British Airways ..........................................................
0800
1130
1730
Departure
Arrival .....
Arrival .....
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Canada
Canada
Canada
Canada
Canada
Canada
Canada
Canada
Canada
Canada
Canada
Canada
Canada
Canada
Canada
Canada
Canada
Canada
Canada
Canada
Canada
Canada
Canada
VerDate Aug<31>2005
17:39 Mar 17, 2008
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14560
Federal Register / Vol. 73, No. 53 / Tuesday, March 18, 2008 / Notices
APPENDIX—OPERATING LIMITATIONS AT NEWARK LIBERTY INTERNATIONAL AIRPORT (EWR)—AUGUST 2008 PROPOSED AS
OF 3/12/2008—Continued
[0600–2259 local hours only: 30 minute OA windows]
Period
(LT)
Seller carrier
Arr/Dep
Sun
Mon
Tue
Wed
Thu
Fri
Sat
mstockstill on PROD1PC66 with NOTICES
BAW—British Airways ..........................................................
BAW—British Airways ..........................................................
BAW—British Airways ..........................................................
1830
2100
2130
Departure
Departure
Arrival .....
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
COA—Continental
0600
0600
0630
0630
0700
0700
0730
0730
0800
0800
0830
0830
0900
0900
0930
0930
1000
1000
1030
1030
1100
1100
1130
1130
1200
1200
1230
1230
1300
1300
1330
1330
1400
1400
1430
1430
1500
1500
1530
1530
1600
1600
1630
1630
1700
1700
1730
1730
1800
1800
1830
1830
1900
1900
1930
1930
2000
2000
2030
2030
2100
2100
2130
2130
2200
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
4
9
1
20
6
15
19
17
14
16
7
24
6
21
9
4
10
7
7
12
18
6
14
13
14
18
19
8
10
18
20
9
17
5
17
20
17
21
19
10
11
11
19
13
13
18
6
13
16
15
13
8
20
17
8
14
18
26
9
13
8
17
16
11
11
4
9
1
20
6
15
19
17
14
16
7
24
6
21
9
4
10
7
7
12
18
6
14
13
14
18
19
8
10
18
20
9
17
5
17
20
17
21
19
10
11
11
19
13
13
18
6
13
16
15
13
8
20
17
8
14
18
26
9
13
8
17
16
11
11
4
9
1
20
6
15
19
17
14
16
7
24
6
21
9
4
10
7
7
12
18
6
14
13
14
18
19
8
10
18
20
9
17
5
17
20
17
21
19
10
11
11
19
13
13
18
6
13
16
15
13
8
20
17
8
14
18
26
9
13
8
17
16
11
11
4
9
1
20
6
15
19
17
14
16
7
24
6
21
9
4
10
7
7
12
18
6
14
13
14
18
19
8
10
18
20
9
17
5
17
20
17
21
19
10
11
11
19
13
13
18
6
13
16
15
13
8
20
17
8
14
18
26
9
13
8
17
16
11
11
4
9
1
20
6
15
19
17
14
16
7
24
6
21
9
4
10
7
7
12
18
6
14
13
14
18
19
8
10
18
20
9
17
5
17
20
17
21
19
10
11
11
19
13
13
18
6
13
16
15
13
8
20
17
8
14
18
26
9
13
8
17
16
11
11
4
9
1
20
6
15
19
17
14
16
7
24
6
21
9
4
10
7
7
12
18
6
14
13
14
18
19
8
10
18
20
9
17
5
17
20
17
21
19
10
11
11
19
13
13
18
6
13
16
15
13
8
20
17
8
14
18
26
9
13
8
17
16
11
11
4
9
1
20
6
15
19
17
14
16
7
24
6
21
9
4
10
7
7
12
18
6
14
13
14
18
19
8
10
18
20
9
17
5
17
20
17
21
19
10
11
11
19
13
13
18
6
13
16
15
13
8
20
17
8
14
18
26
9
13
8
17
16
11
11
VerDate Aug<31>2005
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
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17:39 Mar 17, 2008
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Federal Register / Vol. 73, No. 53 / Tuesday, March 18, 2008 / Notices
APPENDIX—OPERATING LIMITATIONS AT NEWARK LIBERTY INTERNATIONAL AIRPORT (EWR)—AUGUST 2008 PROPOSED AS
OF 3/12/2008—Continued
[0600–2259 local hours only: 30 minute OA windows]
Period
(LT)
Seller carrier
Arr/Dep
Sun
Mon
Tue
Wed
Thu
Fri
Sat
COA—Continental ...............................................................
COA—Continental ...............................................................
COA—Continental ...............................................................
2200
2230
2230
Departure
Arrival .....
Departure
6
9
1
6
9
1
6
9
1
6
9
1
6
9
1
6
9
1
6
9
1
CSQ—CargoJet ...................................................................
CSQ—CargoJet ...................................................................
0800
2000
Arrival .....
Departure
..........
..........
1
1
1
1
1
1
1
1
1
1
..........
..........
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
DAL—Delta
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
0600
0700
0730
0800
0900
0930
1000
1030
1100
1200
1230
1300
1330
1430
1500
1600
1630
1630
1700
1700
1730
1730
1800
1830
1900
1930
2100
2130
2230
Departure
Departure
Departure
Departure
Arrival .....
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Arrival .....
Departure
Departure
Arrival .....
Departure
Arrival .....
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Departure
Arrival .....
Departure
Arrival .....
Arrival .....
Arrival .....
Arrival .....
2
2
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
..................................................................
..................................................................
..................................................................
..................................................................
..................................................................
..................................................................
..................................................................
..................................................................
1100
1200
1530
1530
1630
1730
1830
2000
Arrival .....
Arrival .....
Arrival .....
Departure
Departure
Departure
Arrival .....
Departure
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
ELY—El Al ...........................................................................
1430
Departure
1
1
1
1
1
..........
..........
ESS—Eos Airlines ...............................................................
ESS—Eos Airlines ...............................................................
ESS—Eos Airlines ...............................................................
1200
1700
1930
Arrival .....
Arrival .....
Departure
..........
1
1
1
0
1
..........
1
1
..........
1
1
..........
1
1
..........
1
1
1
0
1
EVA—Eva Airways ..............................................................
2130
Arrival .....
..........
1
..........
1
..........
..........
1
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
0600
0630
0700
0700
0730
0730
0800
0830
0900
0900
1000
1200
1400
1400
1530
Arrival .....
Arrival .....
Arrival .....
Departure
Arrival .....
Departure
Departure
Departure
Arrival .....
Departure
Arrival .....
Arrival .....
Arrival .....
Departure
Departure
..........
..........
..........
..........
..........
..........
1
1
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
2
1
..........
1
..........
1
..........
2
1
..........
1
1
1
1
1
2
1
..........
1
..........
1
..........
2
1
..........
1
1
1
1
1
2
1
..........
1
..........
1
..........
2
1
..........
1
1
1
1
1
2
1
..........
1
1
..........
..........
2
1
1
1
..........
1
..........
1
..........
2
1
..........
..........
1
1
2
..........
..........
..........
..........
1
..........
1
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Air
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
Lines
mstockstill on PROD1PC66 with NOTICES
DLH—Lufthansa
DLH—Lufthansa
DLH—Lufthansa
DLH—Lufthansa
DLH—Lufthansa
DLH—Lufthansa
DLH—Lufthansa
DLH—Lufthansa
VerDate Aug<31>2005
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
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19:03 Mar 17, 2008
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14562
Federal Register / Vol. 73, No. 53 / Tuesday, March 18, 2008 / Notices
APPENDIX—OPERATING LIMITATIONS AT NEWARK LIBERTY INTERNATIONAL AIRPORT (EWR)—AUGUST 2008 PROPOSED AS
OF 3/12/2008—Continued
[0600–2259 local hours only: 30 minute OA windows]
Period
(LT)
Seller carrier
Arr/Dep
Sun
Mon
Tue
Wed
Thu
Fri
Sat
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
1600
1600
1730
1830
1900
1930
2000
2030
2130
2230
2230
Arrival .....
Departure
Arrival .....
Arrival .....
Arrival .....
Arrival .....
Arrival .....
Arrival .....
Departure
Arrival .....
Departure
..........
..........
..........
1
1
..........
1
1
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
..........
1
..........
3
1
1
1
1
1
..........
..........
..........
1
..........
3
1
1
1
1
1
..........
..........
..........
1
..........
3
1
1
1
1
1
..........
..........
..........
1
..........
4
1
1
..........
1
1
..........
..........
..........
1
1
..........
1
..........
..........
1
1
1
..........
..........
..........
1
..........
FJT—Silverjet
FJT—Silverjet
FJT—Silverjet
FJT—Silverjet
......................................................................
......................................................................
......................................................................
......................................................................
1300
1930
2100
2230
Arrival .....
Departure
Arrival .....
Departure
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
JAI—Jet Airways ..................................................................
JAI—Jet Airways ..................................................................
1130
2000
Arrival .....
Departure
1
1
1
1
1
1
1
1
1
1
1
1
1
1
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
JBU—JetBlue
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
.......................................................................
0730
0800
0800
0900
1030
1100
1200
1230
1230
1330
1330
1400
1430
1500
1600
1630
1630
1730
1730
1830
2030
2100
2130
2200
Departure
Arrival .....
Departure
Departure
Arrival .....
Departure
Arrival .....
Arrival .....
Departure
Arrival .....
Departure
Departure
Arrival .....
Departure
Arrival .....
Arrival .....
Departure
Arrival .....
Departure
Departure
Arrival .....
Departure
Arrival .....
Arrival .....
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
1
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
1
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
1
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
1
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
1
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
1
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
1
1
LOT—LOT Polish Airlines ....................................................
LOT—LOT Polish Airlines ....................................................
LOT—LOT Polish Airlines ....................................................
1630
1830
2100
Arrival .....
Departure
Arrival .....
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
..........
1
1
1
MAS—Malaysia ...................................................................
MAS—Malaysia ...................................................................
1900
2200
Arrival .....
Departure
..........
..........
1
1
..........
..........
..........
..........
1
1
..........
..........
1
1
MEP—Midwest
MEP—Midwest
MEP—Midwest
MEP—Midwest
MEP—Midwest
MEP—Midwest
MEP—Midwest
MEP—Midwest
MEP—Midwest
MEP—Midwest
mstockstill on PROD1PC66 with NOTICES
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
FDX—FedEx
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
0600
1030
1100
1430
1500
1630
1700
2000
2030
2230
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
0600
0630
0700
0800
0800
0900
Departure
Departure
Departure
Arrival .....
Departure
Departure
2
1
1
1
1
1
2
1
1
1
1
1
2
1
1
1
1
1
2
1
1
1
1
1
2
1
1
1
1
1
2
1
1
1
1
1
2
1
1
1
1
1
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
VerDate Aug<31>2005
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14563
Federal Register / Vol. 73, No. 53 / Tuesday, March 18, 2008 / Notices
APPENDIX—OPERATING LIMITATIONS AT NEWARK LIBERTY INTERNATIONAL AIRPORT (EWR)—AUGUST 2008 PROPOSED AS
OF 3/12/2008—Continued
[0600–2259 local hours only: 30 minute OA windows]
Period
(LT)
Seller carrier
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
NWA—Northwest
Arr/Dep
Sun
Mon
Tue
Wed
Thu
Fri
Sat
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
.................................................................
1030
1100
1130
1200
1230
1300
1300
1400
1530
1600
1630
1630
1700
1800
1800
1900
1930
2030
2100
2130
2230
Arrival .....
Departure
Arrival .....
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Departure
Arrival .....
Departure
Departure
Arrival .....
Departure
Arrival .....
Departure
Departure
Arrival .....
Arrival .....
Arrival .....
1
1
1
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
2
1
3
1
1
1
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
2
1
3
1
1
1
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
2
1
3
1
1
1
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
2
1
3
1
1
1
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
2
1
3
1
1
1
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
2
1
3
1
1
1
1
1
1
1
2
1
1
1
1
1
1
1
1
1
1
2
1
3
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
........................................................................
0630
0800
0900
1030
1130
1230
1330
1500
1600
2100
2130
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
1
..........
..........
..........
..........
..........
..........
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
..........
..........
..........
..........
..........
1
1
1
1
1
QTR—Qatar .........................................................................
QTR—Qatar .........................................................................
1830
2030
Arrival .....
Departure
1
1
1
1
1
1
1
1
1
1
1
1
1
1
SAS—SAS
SAS—SAS
SAS—SAS
SAS—SAS
SAS—SAS
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
1300
1430
1700
1730
2100
Arrival .....
Arrival .....
Departure
Departure
Arrival .....
1
1
1
1
..........
1
1
1
1
1
1
1
1
1
..........
1
1
1
1
..........
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
SIA—Singapore ...................................................................
1730
Arrival .....
1
1
1
1
1
1
1
SWR—Swiss ........................................................................
SWR—Swiss ........................................................................
2000
2130
Arrival .....
Departure
1
1
1
1
1
1
1
1
1
1
1
1
..........
..........
TAP—Air
TAP—Air
TAP—Air
TAP—Air
Portugal
Portugal
Portugal
Portugal
1400
1430
1800
2030
Arrival .....
Arrival .....
Departure
Departure
1
1
1
1
..........
1
1
..........
1
1
1
1
1
1
1
1
..........
1
1
..........
1
1
1
1
..........
1
1
..........
TRS—Air
TRS—Air
TRS—Air
TRS—Air
TRS—Air
TRS—Air
TRS—Air
TRS—Air
TRS—Air
TRS—Air
TRS—Air
TRS—Air
TRS—Air
Tran
Tran
Tran
Tran
Tran
Tran
Tran
Tran
Tran
Tran
Tran
Tran
Tran
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
0600
1030
1100
1130
1200
1230
1330
1400
1430
1530
1630
1900
1930
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Arrival .....
Departure
Departure
Arrival .....
Departure
Arrival .....
Departure
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
UAL—United Airlines ...........................................................
UAL—United Airlines ...........................................................
0600
0630
Departure
Arrival .....
2
2
2
2
2
2
2
2
2
2
2
2
2
2
mstockstill on PROD1PC66 with NOTICES
POE—Porter
POE—Porter
POE—Porter
POE—Porter
POE—Porter
POE—Porter
POE—Porter
POE—Porter
POE—Porter
POE—Porter
POE—Porter
VerDate Aug<31>2005
...............................................................
...............................................................
...............................................................
...............................................................
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
17:39 Mar 17, 2008
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14564
Federal Register / Vol. 73, No. 53 / Tuesday, March 18, 2008 / Notices
APPENDIX—OPERATING LIMITATIONS AT NEWARK LIBERTY INTERNATIONAL AIRPORT (EWR)—AUGUST 2008 PROPOSED AS
OF 3/12/2008—Continued
[0600–2259 local hours only: 30 minute OA windows]
Period
(LT)
Seller carrier
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
UAL—United
mstockstill on PROD1PC66 with NOTICES
Sun
Mon
Tue
Wed
Thu
Fri
Sat
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
...........................................................
0700
0730
0900
0900
0930
1000
1200
1230
1330
1430
1600
1630
1700
1730
1730
1800
1800
1830
1830
1900
1900
2000
2130
Departure
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
Departure
Arrival .....
1
3
1
1
1
2
1
1
2
2
1
1
1
1
1
1
1
1
1
1
1
1
2
1
3
1
1
1
2
1
1
2
2
1
1
1
1
1
1
1
1
1
1
1
1
2
1
3
1
1
1
2
1
1
2
2
1
1
1
1
1
1
1
1
1
1
1
1
2
1
3
1
1
1
2
1
1
2
2
1
1
1
1
1
1
1
1
1
1
1
1
2
1
3
1
1
1
2
1
1
2
2
1
1
1
1
1
1
1
1
1
1
1
1
2
1
3
1
1
1
2
1
1
2
2
1
1
1
1
1
1
1
1
1
1
1
1
2
1
3
1
1
1
2
1
1
2
2
1
1
1
1
1
1
1
1
1
1
1
1
2
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
...........................................................................
0600
0730
0730
0800
0830
0930
1000
1130
1700
1730
1800
1830
1930
2100
2200
2230
Arrival .....
Arrival .....
Departure
Departure
Departure
Arrival .....
Departure
Departure
Arrival .....
Arrival .....
Arrival .....
Arrival .....
Arrival .....
Arrival .....
Departure
Departure
0
0
0
0
0
0
0
0
0
0
1
0
0
0
0
0
0
0
1
0
0
1
0
1
0
0
0
1
0
0
1
1
0
1
0
3
1
0
0
0
0
1
0
1
1
0
1
1
0
1
0
3
1
0
0
0
0
1
0
1
1
0
1
1
0
1
0
3
1
0
0
0
0
1
0
1
1
0
1
1
1
1
0
2
1
0
0
0
0
0
0
0
0
1
1
0
1
0
0
0
1
0
1
0
1
0
0
0
0
0
0
0
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
...............................................................
0600
0630
0730
0800
0930
1000
1000
1030
1130
1230
1300
1330
1400
1430
1500
1630
1700
1800
1800
1830
1900
2000
2100
2130
Departure
Departure
Arrival .....
Departure
Arrival .....
Arrival .....
Departure
Departure
Arrival .....
Departure
Arrival .....
Arrival .....
Arrival .....
Departure
Departure
Departure
Arrival .....
Arrival .....
Departure
Departure
Arrival .....
Arrival .....
Departure
Arrival .....
1
2
1
1
1
1
2
1
1
1
1
2
1
2
1
1
2
1
2
1
1
2
1
1
1
2
1
1
1
1
2
1
1
1
1
2
1
2
1
1
2
1
2
1
1
2
1
1
1
2
1
1
1
1
2
1
1
1
1
2
1
2
1
1
2
1
2
1
1
2
1
1
1
2
1
1
1
1
2
1
1
1
1
2
1
2
1
1
2
1
2
1
1
2
1
1
1
2
1
1
1
1
2
1
1
1
1
2
1
2
1
1
2
1
2
1
1
2
1
1
1
2
1
1
1
1
2
1
1
1
1
2
1
2
1
1
2
1
2
1
1
2
1
1
1
2
1
1
1
1
2
1
1
1
1
2
1
2
1
1
2
1
2
1
1
2
1
1
VIR—Virgin Atlantic .............................................................
VIR—Virgin Atlantic .............................................................
0800
1830
Departure
Arrival .....
1
1
1
1
1
1
1
1
1
1
1
1
1
1
UPS—UPS
UPS—UPS
UPS—UPS
UPS—UPS
UPS—UPS
UPS—UPS
UPS—UPS
UPS—UPS
UPS—UPS
UPS—UPS
UPS—UPS
UPS—UPS
UPS—UPS
UPS—UPS
UPS—UPS
UPS—UPS
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
USA—US
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Airlines
Arr/Dep
Airways
Airways
Airways
Airways
Airways
Airways
Airways
Airways
Airways
Airways
Airways
Airways
Airways
Airways
Airways
Airways
Airways
Airways
Airways
Airways
Airways
Airways
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Federal Register / Vol. 73, No. 53 / Tuesday, March 18, 2008 / Notices
APPENDIX—OPERATING LIMITATIONS AT NEWARK LIBERTY INTERNATIONAL AIRPORT (EWR)—AUGUST 2008 PROPOSED AS
OF 3/12/2008—Continued
[0600–2259 local hours only: 30 minute OA windows]
Period
(LT)
Seller carrier
Arr/Dep
Sun
Mon
Tue
Wed
Thu
Fri
Sat
VIR—Virgin Atlantic .............................................................
2100
Arrival .....
1
1
1
1
1
1
1
VRD—Virgin
VRD—Virgin
VRD—Virgin
VRD—Virgin
VRD—Virgin
VRD—Virgin
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
0630
0930
1000
1030
1100
1130
Arrival .....
Departure
Arrival .....
Departure
Arrival .....
Departure
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
WJA—WestJet .....................................................................
WJA—WestJet .....................................................................
1630
1800
Arrival .....
Departure
1
1
1
1
1
1
1
1
1
1
1
1
1
1
America *
America *
America *
America *
America *
America *
* Pending.
[FR Doc. 08–1037 Filed 3–12–08; 4:55 pm]
DEPARTMENT OF TRANSPORTATION
BILLING CODE 4910–13–P
Federal Railroad Administration
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Sunshine Act Meetings; Unified Carrier
Registration Plan Board of Directors
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
April 10, 2008, 11 a.m.
to 2 p.m., Eastern Daylight Time.
TIME AND DATE:
This meeting will take place
telephonically. Any interested person
may call Mr. Avelino Gutierrez at (505)
827–4565 to receive the toll free
numbers and pass codes needed to
participate in these meetings by
telephone.
PLACE:
STATUS:
Open to the public.
The Unified
Carrier Registration Plan Board of
Directors (the Board) will continue its
work in developing and implementing
the Unified Carrier Registration Plan
and Agreement and to that end, may
consider matters properly before the
Board.
MATTERS TO BE CONSIDERED:
Mr.
Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at
(505) 827–4565.
mstockstill on PROD1PC66 with NOTICES
FOR FURTHER INFORMATION CONTACT:
Dated: March 12, 2008.
William A. Quade,
Associate Administrator for Enforcement and
Program Delivery.
[FR Doc. 08–1054 Filed 3–14–08; 2:25 pm]
BILLING CODE 4910–EX–P
VerDate Aug<31>2005
17:39 Mar 17, 2008
Jkt 214001
Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System or Relief from
the Requirements of Title 49 Code of
Federal Regulations Part 236
Pursuant to Title 49 Code of Federal
Regulations (CFR) Part 235 and 49
U.S.C. 20502(a), the following railroad
has petitioned the Federal Railroad
Administration (FRA) seeking approval
for the discontinuance or modification
of the signal system or relief from the
requirements of 49 CFR Part 236, as
detailed below.
[Docket Number FRA–2008–0010]
Applicant: Northwestern Pacific
Railroad Company, Mr. John H.
Williams, President, 385 Sherman
Avenue, Suite 1, Palo Alto, California
94306–1840.
The Northwestern Pacific Railroad
Company (NWP) seeks approval of the
proposed discontinuance and removal
of the interlocking signal systems on
three drawbridges that are located
between a point near Lombard,
California, at Milepost (MP) 63.4 and a
point near Petaluma, California, at MP
38.5 on the NWP’s Russian River
Division at the following three
locations: Brazos Drawbridge, MP 64.7;
Black Point Drawbridge, MP 28.7; and
Haystack Landing Drawbridge, MP 37.2.
The reason given for the proposed
changes is that the three interlocking
signal systems have not been in service
for the last seven years and have fallen
into disrepair. The signal systems do not
presently comply with FRA
requirements for these types of systems.
Any interested party desiring to
protest the granting of an application
shall set forth specifically the grounds
upon which the protest is made, and
PO 00000
Frm 00137
Fmt 4703
Sfmt 4703
include a concise statement of the
interest of the party in the proceeding.
Additionally, one copy of the protest
shall be furnished to the applicant at the
address listed above.
FRA expects to be able to determine
these matters without an oral hearing.
However, if a specific request for an oral
hearing is accompanied by a showing
that the party is unable to adequately
present his or her position by written
statements, an application may be set
for public hearing.
All communications concerning this
proceeding should be identified by
Docket Number FRA–2008–0010 and
may be submitted by one of the
following methods:
Web site: https://www.regulations.gov.
Follow the instructions for submitting
comments on the DOT electronic site;
Fax: 202–493–2251;
Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590; or
Hand Delivery: Room W12–140 of the
U.S. Department of Transportation West
Building Ground Floor, 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Communications received within 45
days of the date of this notice will be
considered by FRA before final action is
taken. Comments received after that
date will be considered as far as
practicable. All written communications
concerning these proceedings are
available for examination during regular
business hours (9 a.m.—5 p.m.) at the
above facility. All documents in the
public docket are also available for
inspection and copying on the Internet
at the docket facility’s Web site at https://
www.regulations.gov.
FRA wishes to inform all potential
commenters that anyone is able to
E:\FR\FM\18MRN1.SGM
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Agencies
[Federal Register Volume 73, Number 53 (Tuesday, March 18, 2008)]
[Notices]
[Pages 14552-14565]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1037]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2008-0221]
Operating Limitations at Newark Liberty International Airport
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of Proposed Order Limiting Scheduled Operations at
Newark Liberty International Airport; Request for Comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA) has tentatively
determined that it is necessary to place a temporary limitation on
scheduled flight operations at Newark Liberty International Airport
(EWR). The FAA is issuing this proposal as a result of persistent
congestion and delays at EWR during the peak operating hours, as well
as a dramatic projected increase in flight delays at the airport during
the summer of 2008 if proposed schedules were implemented as requested
by carriers. We intend this proposed limitation on scheduled operations
to relieve the substantial inconvenience to the traveling public caused
by excessive congestion-related flight delays at the airport, which
magnify as they spread through the National Airspace System. Among
other things, this proposal will ensure that projected delays do not
increase significantly and provide for a more efficient use of the
nation's airspace. The final Order would take effect at 6 a.m., Eastern
Time, on June 1, 2008, and would expire at 11:59 p.m., Eastern Time, on
October 24, 2009.
This proposed limitation on scheduled operations is necessary to
prevent an increase in scheduled flights during peak hours. Flights in
certain hours in summer 2007 were in excess of the airport's capacity,
and scheduling is a factor in the high level of delays historically
experienced at the airport. The proposed limits would apply to all U.S.
and foreign air carriers' scheduled operations, excluding helicopters,
from 6 a.m., Eastern Time, through 10:59 p.m., Eastern Time. A final
Order would be enforceable under the FAA's civil penalty authority. In
a separate docket, the FAA intends to propose limits on unscheduled
flights at EWR during the same hours, as well as a system to allocate
the reservations for the available unscheduled operations. The FAA
anticipates that the total number of operations at EWR will be limited
to an average of 83 per hour.
DATES: Send your comments on this proposed order on or before April 1,
2008.
ADDRESSES: You may submit comments, identified by docket number FAA-
2008-0221, using any of the following methods:
Federal eRulemaking Portal: Go to https://regulations.gov
and follow the online instructions for sending your comments
electronically.
Mail: Send comments by mail to Docket Operations, U.S.
Department of Transportation, M-30, Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC 20590-0001. Persons wishing to receive
confirmation of receipt of their written submission should include a
self-addressed stamped postcard.
Hand Delivery: Deliver comments to Docket Operations in
Room W12-140 on the ground floor of the West Building at 1200 New
Jersey Avenue, SE., Washington DC, between 9 a.m. and 5
[[Page 14553]]
p.m., Monday through Friday, except Federal holidays.
Facsimile: Fax comments to the docket operations personnel
at 202-493-2251.
Privacy: We will post all comments that we receive, without change,
at https://www.regulations.gov, including any personal information that
you provide. Using the search function of the docket Web site, anyone
can find and read the electronic form of all comments in 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,
or other entity or organization. You may review the DOT's complete
Privacy Act Statement in the Federal Register at 65 FR 19477-78 (April
11, 2000), or you may find it at https://docketsinfo.dot.gov.
Reviewing the docket: To read background documents or comments
received, go to https://www.regulations.gov at any time and follow the
online instructions for accessing the docket; or go to Docket
Operations in Room W12-140 on the ground floor of the West Building at
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Gerry Shakley, System Operations
Services, Air Traffic Organization; telephone--(202) 267-9424; e-mail_
gerry.shakley@faa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Government has exclusive sovereignty over the airspace of
the United States.\1\ Under this broad authority, Congress has
delegated to the Administrator extensive and plenary authority to
ensure the safety of aircraft and the efficient use of the nation's
navigable airspace. In particular, the Administrator is required to
assign the use of navigable airspace by regulation or order under such
terms, conditions, and limitations as he may deem necessary to ensure
its efficient use.\2\ The Administrator also may modify or revoke an
assignment when required in the public interest.\3\ The FAA construes
its statutory directive to act in the public interest as implicitly
applying to any decision by the FAA to assign the efficient use of the
navigable airspace. Furthermore, in carrying out the Administrator's
safety responsibilities under the statute, the Administrator must
consider controlling the use of the navigable airspace and regulating
civil operations in that airspace in the interest of the safety and
efficiency of those operations.\4\
---------------------------------------------------------------------------
\1\ 49 U.S.C. 40103(a).
\2\ 49 U.S.C. 40103(b)(1), as previously codified in 49 U.S.C.
App. Sec. 307(a). Congress recodified Title 49 of the United States
Code in Pub. L. No. 103-222, 108 Stat. 745 (1994), under which the
textual revisions were specifically not intended to result in
substantive changes to the law. A report describing the
recodification stated that the words in Sec. 307(a) ``under such
terms, conditions, and limitations as he may deem'' were omitted as
surplus. H. Rpt. 103-180 (103d Cong., 1st Sess. 1993) at 262.
\3\ Id.
\4\ 49 U.S.C. 40101(d)(4).
---------------------------------------------------------------------------
The FAA interprets its broad statutory authority to manage ``the
efficient use of airspace'' to encompass its management of the
nationwide system of air commerce and air traffic control. On a daily
basis, that system regularly transports millions of passengers,
thousands of tons of cargo, and millions of pieces of mail. The FAA
believes that ensuring the efficient use of the airspace means that it
must take all necessary and reasonable steps to prevent extreme
congestion at an airport from disrupting or adversely affecting the
overall air traffic system for which the FAA is responsible. Inordinate
delays at a single airport can ripple throughout other parts of the
system, causing losses in time and money for individuals and non-
aviation businesses, as well as for U.S. and foreign air carriers.
EWR has historically experienced a significant number of delays
relative to other airports. Ranked according to the proportion of
delayed operations, EWR has frequently been the most delayed airport in
the system. Daily operations have been relatively stable while delays
have continued to increase. In Fiscal Year (FY) 2000, there were 1,253
average daily operations. In FY 2007, there were 1,219 average daily
operations, a decrease of about 3 percent. Demand during peak hours,
however, approaches or exceeds the average runway capacity, resulting
in volume-related delays. These are more apparent when weather or other
operating conditions reduce the airport's capacity below optimal
levels. The percent of on-time gate arrivals within 15 minutes of the
scheduled time decreased from 70.66% in FY 2000 to 63.97% in FY 2006
and to 61.71% in FY 2007. The average daily counts of arrival delays
greater than one hour were 54 in FY 2000; 79 in FY 2006; and 93 in FY
2007, an increase of almost 18% in the last fiscal year alone.
During the summer of 2007, another New York-area airport, John F.
Kennedy International Airport (JFK), also experienced significant
congestion-related delays. Based on both airports' summer 2007
performance and absent any major capacity enhancing projects, the FAA
designated the airports as Level 2 Schedules Facilitated Airports for
the summer 2008 scheduling season, in accordance with the International
Air Transport Association (IATA) Worldwide Scheduling Guidelines.\5\ In
designating the airports as IATA Level 2 Schedules Facilitated
Airports, the FAA required all U.S. and foreign air carriers to report
to the FAA their proposed summer 2008 scheduled operations at the
airports during designated hours.\6\
---------------------------------------------------------------------------
\5\ 72 FR 54,317 (Sept. 24, 2007).
\6\ Since receiving the requested information, the FAA has
issued an order limiting scheduled operations at JFK and has
designated it an IATA Level 3 Coordinated Airport. 73 FR 3,510 (Jan.
18, 2008)(Order Limiting Scheduled Operations); 72 FR 60,710 (Oct.
25, 2007)(Notice of Airport Level Designation).
---------------------------------------------------------------------------
The information that the U.S. and foreign air carriers reported to
the FAA regarding their proposed operations at EWR reflected a
significant increase in scheduled operations, especially during already
peak hours when the airport routinely experienced delays. In
particular, U.S. and foreign air carriers requested about 100 new
operations, adding to the schedules that produced pronounced delays
during summer 2007. The proposed schedules in the afternoon and evening
period were of the greatest concern. For example, several consecutive
hours would have had demand for arrivals or departures in the mid-90s
and others in the upper 80s. By contrast, EWR's adjusted average
airport capacity reflects that, from September 2006 through August
2007, the airport handled or was capable of handling an average of 83
operations per hour.
The FAA modeled the level of delays that passengers transiting EWR
could expect if the carriers were to operate the summer 2008 schedules
that they proposed. The average arrival delays would have increased 38%
to 35 minutes; the average number of arrival delays of at least one
hour would have increased 50%; and the mean arrival delay would have
reached almost 80 minutes by 7 p.m. Departures would have likewise been
impacted.\7\
---------------------------------------------------------------------------
\7\ As with previous aircraft queuing model runs produced for
the FAA by the MITRE Corporation's Center for Advanced Aviation
System Development (CAASD), it was assumed that no scheduled
operation was cancelled.
---------------------------------------------------------------------------
Moreover, the congestion and delays that the FAA modeled for the
proposed EWR schedules would also have an adverse effect on other
airports in the region and on the National Airspace System. For
example, JFK and LaGuardia Airport, which are located only a few miles
from EWR, have
[[Page 14554]]
consistently been among the nation's most delay-prone airports. The
recently approved airspace redesign plan for the New York/New Jersey/
Philadelphia metropolitan area documents the costs and far-reaching
impacts of delays that emanate from this area.\8\
---------------------------------------------------------------------------
\8\ The Record of Decision implementing the New York/New Jersey/
Philadelphia Metropolitan Area Airspace Redesign was issued
September 5, 2007 and may be found at: https://www.faa.gov/airports_
airtraffic/air_traffic/nas_redesign/regional_guidance/eastern_
reg/nynjphl_redesign/.
---------------------------------------------------------------------------
In response to the U.S. and foreign air carriers' proposed summer
2008 schedules, the FAA held discussions with many of the carriers to
validate their schedule requests and to ask them to reconsider their
proposed timings in light of the airport's capacity limitations.
Although there were some modest revisions to the proposed schedules, it
was clear that demand would continue to exceed capacity without further
actions. The FAA elected to modify EWR's IATA designation to a Level 3
Coordinated Airport for summer 2008.\9\ This designation permitted the
FAA the flexibility to focus proposed new operations at the airport on
hours during which airport capacity is available and to deny proposed
new operations during oversubscribed hours. Some carriers, including
Continental Airlines, the primary hub carrier at EWR, moved some
historic peak hour flights to less congested times in order to assist
with delay reduction. The results of the FAA's discussions with U.S.
and foreign air carriers with respect to their summer 2008 schedules
are summarized in the appendix to this proposed order. The FAA has also
provided individual schedule approval to carriers as part of the IATA
Worldwide Scheduling Guidelines review process and other discussions.
The individual schedule approval may contain additional information
regarding effective dates or schedule changes for parts of the summer
2008 season. Although the appendix summarizes the peak period
operations, it is not meant to rescind any prior approvals granted by
the FAA for summer 2008.
---------------------------------------------------------------------------
\9\ 72 FR 73,418 (Dec. 27, 2007).
---------------------------------------------------------------------------
Despite the relative relief that the approved schedules should
yield over the proposed summer 2008 schedules, the FAA, working with
the airport operator, carriers, and other customer representatives, has
begun to implement a number of short-term initiatives to improve the
efficiency of airport operations and the air traffic control system,
especially during periods of adverse weather when the effects of
overscheduling are more pronounced. The FAA's recently concluded New
York Aviation Rulemaking Committee examined congestion issues in the
New York area and considered a list of over 77 initiatives that could
improve operations in the region, including some that apply
specifically to EWR. Moreover, airspace redesign will open additional
arrival and departure routes in the New York area to reduce delays and
congestion. These measures alone, however, are not expected to provide
sufficient near-term gains to accommodate the peak hour schedules at
EWR's unrestricted level of demand.
II. Summary of the Proposed Operational Limitations
A. Hourly Schedule Limitations
The FAA proposes to limit total operations at EWR during the
constrained hours to an average of 83 per hour. Accordingly, the
proposed limitation on scheduled operations identified in the appendix
is based on the FAA's assessment that EWR's adjusted average airport
capacity from September 2006 through August 2007 was 83 operations per
hour, and it takes into account the need for some accommodation of
unscheduled operations at the airport. In identifying EWR's average
adjusted airport capacity, the FAA considered the airport's capacity to
be the higher value of either the aircraft throughput at the airport in
a given hour or the number of arrivals and departures that air traffic
control personnel identified as achievable in that hour. As a result,
the FAA accepted the higher number when the airport's performance
exceeded expectations, as well as when the airport's potential capacity
exceeded demand. This measurement reflects the airport's demonstrated
and potential performance over time under actual meteorological and
operational conditions.
The modeled delays for the schedules in the appendix will be a
significant improvement over the proposed summer 2008 schedules that
the carriers filed with the FAA in October 2007, under which the
longest arrival delays would increase by up to 50 percent over the
summer 2007 levels. The scheduled operations identified in the appendix
include an average of almost 82 operations by U.S. and foreign air
carriers in certain hours. Some hours are currently below the limit of
81 and will be used for delay mitigation during, at a minimum, the
summer of 2008.
The FAA has decided to allocate Operating Authorizations in 30-
minute increments. The FAA will continue to work with carriers to
smooth their schedules and to adjust the timing of arriving and
departing flights within the allocated times. We will also closely
monitor the efficiency gains and the reduction in delay from the
implementation of airspace redesign and other air traffic control or
airport operational changes in order to ensure that our scheduling
limits reflect fully the available capacity.
B. Operational Flexibility and Future Airport Growth
Based on the FAA's experience with capacity-constrained airports,
we anticipate that U.S. and foreign air carriers may occasionally need
to modify their schedule times for operational or other reasons while
the Order that we propose is in effect. Accordingly, we acknowledge
that the Order should provide a mechanism through which such carriers
can modify their schedules. Given the near-saturation of the EWR's peak
operational hours, however, it is also essential that any schedule
adjustment preserves the stabilizing effect of the operational limits.
Therefore, we propose to establish three means through which U.S. and
foreign air carriers can change an initial allocation of an Operating
Authorization within the period from 6 a.m. through 10:59 p.m.
First, because it is necessary to evaluate the effect of any
proposed schedule change, a U.S. or foreign air carrier must obtain the
Administrator's written approval before making a schedule change that
would be outside the 30-minute window of the allocated Operating
Authorization. If we determine that the schedule change will not
adversely affect congestion at EWR, the FAA will approve it. Because
the FAA wishes to maximize the reduction in delays while accommodating
carriers' need for flexibility, the FAA anticipates that it would
approve schedule changes that would reduce the overall number of
flights in any given hour to or below 81.
Second, if the FAA is unable to approve a proposed schedule change,
a U.S. or foreign air carrier may still achieve the scheduling change
by trading Operating Authorizations with another carrier. Before any
such trade becomes final, the carriers must obtain the Administrator's
written approval. Once again, if the FAA determines that the trade will
not increase congestion at EWR, it may be approved.
Third, in addition to the permitted trades of Operating
Authorizations among U.S. or foreign air carriers, the FAA will permit
the leasing of the Operating Authorizations assigned
[[Page 14555]]
under the final Order, provided that any lease does not survive the
Order's expiration. The carriers may offer or accept any form of
consideration in a lease transaction negotiated under the Order.
However, the Order is not intended to create a long-term solution to
congestion at EWR. Because the Operating Authorizations established
under the Order will not create long-term rights at EWR, the FAA will
not allow lease transactions that assume that the carrier leasing an
Operating Authorization will acquire any right to continue operating
flights after the Order expires. Accordingly, permanent sales,
purchases, or transfers of Operating Authorizations will not be
permitted. In addition, in order to promote meaningful participation in
the IATA scheduling process, a carrier may not lease an Operating
Authorization unless it has actually used the authorization to conduct
flights to or from EWR at least 80% of the time over a consecutive 90-
day period.
In the event that any new capacity is realized at EWR during the
constrained hours of 6 a.m. through 10:59 p.m. while the final Order is
in effect, the FAA intends to allocate it consistent with our
responsibility to manage the efficiency of the National Airspace
System. New capacity is defined as any hourly capacity above and beyond
81, other than those Operating Authorizations above that level
allocated under this Order. As new capacity becomes available, as
allocated Operating Authorizations are returned to the FAA, or as
currently unallocated Operating Authorizations become available, the
FAA plans to lease that capacity. Capacity returned to the FAA as a
function of this Order's use-or-lose provision or as a result of a
carrier ceasing operations at EWR would also be leased by the FAA, but
we would not withdraw existing capacity from any carrier for leasing
purposes. We anticipate that each lease will be for a period of up to
five years. Leases may be issued pursuant to an auction, with the
highest responsive bidder being awarded the lease. Auction procedures
will be consistent with our international obligations. Foreign air
carriers will be eligible to bid on leases. We will provide additional
information about leasing procedures and the relevant statutory
authorities before conducting any auction.
Because carriers may wish to initiate operations after the
commencement of a scheduling season or to cease operations prior to the
end of the season, there may be some available capacity during some
periods of both the summer and winter scheduling seasons. It is
feasible that some of this capacity could be reintroduced into the
system without significantly increasing delays. In addition, the FAA
recognizes that a carrier may have a short-term need to conduct
operations during these time periods. As a result, we propose that a
carrier may request that the FAA allow it to temporarily operate a
flight at a time period when there is, for this reason, temporarily
idle capacity. The FAA would retain full discretion to determine
whether to allow these short-term operations, which would not be
afforded historical status when determining Operating Authorizations
for the next applicable season. By contrast, any longer-term capacity
that is returned by a carrier's failure to adhere to the final order's
usage requirement could be reallocated for the next applicable season
via an auction procedure.
C. Effect on Limited Incumbents and New Entrants
Throughout the IATA scheduling process, and during our review of
all the schedule requests of U.S. and foreign air carriers, the FAA has
sought a solution to EWR's burgeoning congestion that is fair to all
the carriers. Throughout the process, the FAA was sensitive to the
proportionally greater importance a single operation can have to a
carrier that operates fewer overall flights at EWR. As a result, in
addition to granting all but the largest U.S. air carrier at EWR their
historic schedules at every hour if they wished to continue them,
carriers were able to add operations from their proposed summer 2008
schedules during the hours in which capacity remained available.
Moreover, despite the generally congested peak hours, carriers without
any current presence at the airport were able to add one roundtrip
within the afternoon and evening hours using the limited available
capacity. The resulting schedule carefully balances the competing
interests of all carriers at EWR and is the least intrusive on the
carriers with the smallest EWR presence, which retain all of their
historic and realistically timed new operations at the airport.
In addition, as proposed in the previous subsection of this Order,
all carriers will have an opportunity to acquire and to retime
operations at EWR while the Order is in effect. Under the Order, all
carriers would have the opportunity to trade with others for Operating
Authorizations at times that are more desirable to them. In addition,
all U.S. and foreign air carriers have the opportunity to lease
Operating Authorizations from other carriers for the duration of the
Order. Furthermore, in the event that FAA or airport initiatives create
new capacity at EWR while the Order is in effect, all carriers--
including those without a presence at EWR and those with few
operations--would have the opportunity to bid on a leasehold interest
in the new operations via an auction process.
D. Foreign Air Carriers
Foreign air carriers are included in the limits proposed in this
Order and would be allocated Operating Authorizations based on historic
summer 2007 operations or on amended requests for summer 2008 schedules
that have been approved by FAA. In November, the FAA met with many of
the carriers at the IATA Schedules Conference to review the proposed
summer 2008 schedules. Historic operations of foreign air carriers were
granted if requested for summer 2008, as were some retimings. Foreign
air carriers, like U.S. air carriers, were offered alternative timings
when capacity was available, and they may trade or lease Operating
Authorizations to change the timing of their operations or to obtain
additional Operating Authorizations.
Because the final Order would extend until October 24, 2009, the
FAA understands that there may be slight variations with winter timings
or allocations that will need to be considered. The FAA does not
propose to exceed the limits set forth in the appendix for the winter
2008/2009 scheduling season, but we will work with carriers to address
their historic scheduling needs.
E. Usage Requirement and Withdrawals
The FAA has considered whether, in order to encourage maximum
utilization of EWR's limited capacity, the final Order should include a
usage requirement for the Operating Authorizations that it allocates.
Such requirements are common at capacity constrained airports. A usage
requirement previously applied at several High Density Rule airports;
it continues to apply to Ronald Reagan Washington National Airport
under the High Density Rule; and such a requirement applies under the
rules currently in effect at Hare International Airport and the orders
now governing LaGuardia Airport and JFK. In addition, the IATA
Worldwide Scheduling Guidelines include a minimum usage requirement.
Including a usage requirement may provide a greater opportunity for
carriers to obtain Operating Authorizations in the
[[Page 14556]]
secondary market, because carriers may seek to lease them rather than
lose Operating Authorizations for underutilization. This could
potentially benefit carriers seeking to enter the market or to increase
their presence at EWR
In the recently issued order limiting scheduled operations at JFK,
as amended, the FAA adopted the IATA Worldwide Scheduling Guidelines
requirement for the usage of JFK's Operating Authorizations. We propose
a very similar usage requirement at EWR, once again applying an 80%
usage threshold. Under the Worldwide Scheduling Guidelines, carriers
are required to inform the coordinator of their intended summer and
winter operations by January 15 and August 15, respectively.\10\ Any
operations not declared by these dates are surrendered and are not
given historical status for the subsequent applicable scheduling
season. However, they also do not count against each carrier's
calculated usage rate for use-or-lose purposes. For example, if a
carrier were to tell the FAA that it would commence operations on June
1 and cease those operations on August 31, the relevant timeframe for
measuring the carrier's usage of the Operating Authorization would be
June 1 through August 31, even though the summer scheduling season, in
2008, runs from March 30 until October 25. Assuming the carrier
conducted enough flights under the Operating Authorization in the June
through August timeframe to receive historical recognition, the carrier
would retain the Operating Authorization within the summer 2009
scheduling season, from June 1 through August 31.
---------------------------------------------------------------------------
\10\ The slot return deadlines were recently changed by IATA
from January 31 and August 31.
---------------------------------------------------------------------------
The FAA recognizes a distinct merit in this approach in the context
of a congested airport like EWR. A strictly seasonal use-or-lose policy
would require carriers to operate flights on the shoulders of a
scheduling season merely to ensure that they would not lose the
Operating Authorization during the few weeks or months when they
actually require it. This unnecessary service would have the effect of
artificially inflating demand for EWR's limited runway capacity during
the spring and fall, leading to an increase in congestion-related
delay.
Accordingly, we propose that, for purposes of use-or-lose and
historical allocation for subsequent seasons, carriers must tell the
FAA when their usage of a particular Operating Authorization will start
and stop. Under this approach, because it is now too late to meet the
submission date specified in the Worldwide Scheduling Guidelines for
summer 2008, carriers must report on or before June 6, 2008, their
planned usage of the EWR Operating Authorizations identified in the
appendix during summer 2008. Carriers that have previously provided the
effective dates of their summer 2008 schedules, and received approval
from the FAA for those schedules, do not need to resubmit the
information. Thereafter, the carriers' notification to the FAA of their
planned usage for winter 2008/2009 and summer 2009 schedules will
follow the Worldwide Scheduling Guidelines' schedule. Thus, the FAA
will receive initial schedule requests for the winter 2008/2009
scheduling season by the May 15 deadline and coordinate with carriers
at the June 2008 IATA Schedules Conference.
With respect to the carriers' reported usage of their Operating
Authorizations during or after each scheduling season, the FAA proposes
to adopt requirements that are similar to those in the recent JFK
order, as amended. Accordingly, carriers would be required to provide
the FAA with an interim usage report approximately two months before
the end of the scheduling season and a final report at the end of the
season. The final report would be due no later than 30 days after the
end of the scheduling season.
Recognizing that there may be unexpected times when a carrier's
operations are greatly disrupted, the Administrator proposes to retain
the authority to waive the 80% usage requirement in the event of a
highly unusual and unpredictable condition which is beyond the control
of the carrier and which exists for a period of 5 consecutive days or
more. Additionally, the FAA will treat as used any Operating
Authorization held by a carrier on Thanksgiving Day, the Friday
following Thanksgiving Day, and the period from December 24 through the
first Saturday in January.
If the FAA determines that a reduction in the number of allocated
Operating Authorizations is required to meet operational needs, such as
reduced airport capacity, the FAA proposes to conduct a weighted
lottery to withdraw Operating Authorizations to meet a reduced hourly
or half-hourly limit for scheduled operations.\11\ When capacity
returns to its previous levels, the withdrawn Operating Authorizations
would be returned to the carriers from whom they were withdrawn. The
FAA will provide at least 45 days of advance notice of the need for a
withdrawal, if possible.
---------------------------------------------------------------------------
\11\ In a weighted lottery, the risk of having an Operating
Authorization withdrawn is proportional to the number of Operating
Authorizations that a carrier holds. Thus, those carriers with the
greatest number of authorizations are most likely to have an
authorization withdrawn. Those with very few operations bear a very
small, but still some, risk of having an authorization withdrawn.
---------------------------------------------------------------------------
F. Unscheduled Operations
Unscheduled operations, including general aviation, charter
flights, and other ad hoc operations, have typically been a small
percentage of the overall traffic at EWR. However, given the level of
congestion projected for summer 2008, even the addition of a few
operations during the oversubscribed hours can exacerbate delays.
Although they may not have traditionally appeared in the Official
Airline Guide, some charter and other operations are regularly
conducted carrier operations, and the FAA considers them to be
scheduled operations for the purposes of this Order. Therefore, the
carriers that conducted such operations at EWR in summer 2007 would be
allocated Operating Authorizations for summer 2008.
The FAA is also considering the issuance of a separate notice of
proposed rulemaking (NPRM) proposing to limit the number of unscheduled
flights and to require a reservation to operate during controlled
hours. During the busiest hours, the number of reservations set aside
for unscheduled operations would be reduced to allow for additional
scheduled traffic. The FAA expects that under certain operating
conditions, additional reservations could be made available for
unscheduled operations, provided that significant delay impacts are not
expected. Additional information on unscheduled operations and the
proposed reservation system will be included in the NPRM, and the FAA
will consider any comments received prior to adopting a final rule.
G. Enforcement of This Order
The FAA may enforce the final Order through an enforcement action
seeking a civil penalty under 49 U.S.C. 46301(a). Under that provision,
a carrier that is not a small business as defined in the Small Business
Act, 15 U.S.C. 632, is liable for a civil penalty of up to $25,000 for
every day that it violates the limits set forth in the Order. A carrier
that is a small business as defined in the Small Business Act is liable
for a civil penalty of up to $10,000 for every day that it violates the
limits set forth in the Order. The FAA also may file a civil action in
[[Page 14557]]
U.S. District Court, under 49 U.S.C. 46106, 46107, seeking to enjoin
any carrier from violating the terms of the Order.
H. Intermediate- and Long-Term Solutions
While this Order proposes a limitation on the number of scheduled
operations at EWR, it is not the FAA's preferred alternative to
addressing capacity shortfalls. In the FAA's view, the intermediate-
and long-term priority is to expand airport and airway system capacity
and to increase the efficient use of existing resources. This is by far
the most effective way to serve the traveling public and to promote a
strong airport and airway system. Although there is no single action
that will solve the problem of congestion in and around New York, the
recently concluded New York Aviation Rulemaking Committee, among its
many other products, published a list of 77 airport and airspace
initiatives that could help to relieve congestion in the New York area.
The list is available as appendix C to the committee's report, which is
currently available as a link off the FAA's Web site, https://
www.faa.gov. It includes procedural, technological, and capital
improvements that relate to all the major New York area airports, the
efficient operation of which are largely interdependent.
While events or technology may overtake the completion of all the
77 listed initiatives, each has the potential to add incrementally to
the existing capacity. Most immediately, we anticipate the completion
of a number of the items by summer 2008. In addition, as the views
expressed in the docket indicate, the full implementation of New York/
New Jersey/Philadelphia airspace redesign and the progressive
achievement of the Next Generation Air Traffic System's component
technologies will also contribute to reducing delay. As a result, to
permit time for system improvements to come on line, we propose an
expiration date for the final Order of October 24, 2009.
I. Environmental Impact
The agency order stating FAA policies and procedures with respect
to the environmental impact of FAA activities, FAA Order 1050.1E,
identifies FAA actions that are categorically excluded from preparation
of an environmental assessment or environmental impact statement under
the National Environmental Policy Act in the absence of extraordinary
circumstances. The FAA has determined that this Order qualifies for the
categorical exclusion identified in paragraph 312d ``Issuance of
regulatory documents (e.g., Notices of Proposed Rulemaking and issuance
of Final Rules) covering administrative or procedural requirements
(Does not include Air Traffic procedures; specific Air Traffic
procedures that are categorically excluded are identified under
paragraph 311 of this Order.)'' This Order, which proposes a temporary
limitation on operations pending a future rulemaking, is in the nature
of a rule. No extraordinary circumstances exist that may cause a
significant impact and therefore no further environmental review is
required.
Accordingly, with respect to scheduled flight operations at EWR,
the FAA proposes the following ordering language:
1. This Order assigns operating authority to conduct an arrival or
a departure at EWR during the affected hours to the U.S. air carrier or
foreign air carrier identified in the appendix to this Order. The FAA
will not assign operating authority under this Order to any person or
entity other than a certificated U.S. or foreign air carrier with
appropriate economic authority and FAA operating authority under 14 CFR
part 121, 129, or 135. This Order applies to the following:
a. All U.S. air carriers and foreign air carriers conducting
scheduled operations at EWR as of the date of this Order, any U.S. air
carrier or foreign air carrier that operates under the same designator
code as such a carrier, and any air carrier or foreign-flag carrier
that has or enters into a codeshare agreement with such a carrier.
b. All U.S. air carriers or foreign air carriers initiating
scheduled or regularly conducted commercial service to EWR while this
Order is in effect.
c. The Chief Counsel of the FAA, in consultation with the Vice
President, System Operations Services, is the final decision-maker for
determinations under this Order.
2. This Order governs scheduled arrivals and departures at EWR from
6 a.m. through 10:59 p.m., Eastern Time, Sunday through Saturday.
3. This Order takes effect at 6 a.m., Eastern Time, on June 1,
2008, and expires at 11:59 p.m., Eastern Time, on October 24, 2009.
4. Under the authority provided to the Secretary of Transportation
and the FAA Administrator by 49 U.S.C. 40101, 40103 and 40113, we
hereby order that:
a. No U.S. air carrier or foreign air carrier initiating or
conducting scheduled or regularly conducted commercial service at EWR
may conduct such operations without an Operating Authorization assigned
by the FAA.
b. Except as provided in the appendix to this Order, scheduled U.S.
air carrier and foreign air carrier arrivals and departures will not
exceed 81 per hour from 6 a.m. through 10:59 p.m., Eastern Time.
c. The Administrator may change the limits if he determines that
capacity exists to accommodate additional operations without a
significant increase in delays.
5. For administrative tracking purposes only, the FAA will assign
an identification number to each Operating Authorization.
6. A carrier holding an Operating Authorization may request the
Administrator's approval to move any arrival or departure scheduled
from 6 a.m. through 10:59 p.m. to another half hour within that period.
Except as provided in paragraph seven, the carrier must receive the
written approval of the Administrator, or his delegate, prior to
conducting any scheduled arrival or departure that is not listed in the
appendix to this Order. All requests to move an allocated Operating
Authorization must be submitted 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 carrier. If the FAA cannot
approve a carrier's request to move a scheduled arrival or departure,
the carrier may then apply for a trade in accordance with paragraph
seven.
7. A carrier may lease or trade an Operating Authorization to
another carrier for any consideration and for a period that does not
exceed the duration of this Order. A carrier may not lease an Operating
Authorization unless it has actually used the authorization to conduct
flights to or from Newark at least 80% of the time over a consecutive
90-day period. Notice of a trade or lease under this paragraph 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 each carrier. The FAA must confirm and
approve these transactions in writing prior to the effective date of
the transaction. The FAA will approve transfers between carriers under
the same marketing control up to five business days after the actual
operation, but only to accommodate operational disruptions that occur
on the same day of the scheduled operation.
8. A carrier may not buy, sell, trade, or transfer an Operating
Authorization, except as described in paragraph seven.
9. Historical rights to Operating Authorizations and withdrawal of
those
[[Page 14558]]
rights due to insufficient usage will be determined on a seasonal basis
and in accordance with the schedule approved by the FAA prior to the
commencement of the applicable season.
a. For each day of the week that the FAA has approved an operating
schedule, any Operating Authorization not used at least 80% of the time
over the period authorized by the FAA under this paragraph will be
withdrawn by the FAA for the next applicable season except:
i. The FAA will treat as used any Operating Authorization held by a
carrier on Thanksgiving Day, the Friday following Thanksgiving Day, and
the period from December 24 through the first Saturday in January.
ii. The Administrator of the FAA may waive the 80% usage
requirement in the event of a highly unusual and unpredictable
condition which is beyond the control of the carrier and which affects
carrier operations for a period of five consecutive days or more.
b. Each carrier holding an Operating Authorization must forward in
writing to the FAA Slot Administration Office a list of all Operating
Authorizations held by the carrier and for each Operating
Authorization:
i. The dates within each applicable season on which it intends to
start and to cease scheduled operations.
A. For the summer 2008 scheduling season, the report must be
received by the FAA no later than June 6, 2008.
B. For the winter 2008/2009 scheduling season, the report must be
received by the FAA no later than August 15, 2008.
C. For the summer 2009 scheduling season, the report must be
received by the FAA no later than January 15, 2009.
ii. The completed operations for each day of the applicable
scheduling season:
A. No later than September 1 for the summer scheduling season;
B. No later than January 15 for the winter scheduling season.
iii. The completed operations for each day of the scheduling season
within 30 days after the last day of the applicable scheduling season.
10. In the event that a carrier surrenders to the FAA any Operating
Authorization assigned to it under this Order or if there are
unallocated Operating Authorizations, the FAA will determine whether
the unallocated Operating Authorizations should be reallocated. The FAA
may temporarily allocate an Operating Authorization if it determines
that such allocation will not increase congestion at the airport. Such
temporary allocations will not be entitled to historical status for the
next applicable scheduling season under paragraph 9. Long-term
allocations of returned or unallocated Operating Authorizations will be
by auction.
11. If the FAA determines that a reduction in the number of
allocated Operating Authorizations is required to meet operational
needs, such as reduced airport capacity, the FAA will conduct a
weighted lottery to withdraw Operating Authorizations to meet a reduced
hourly or half-hourly limit for scheduled operations. The FAA will
provide at least 45 days' notice unless otherwise required by
operational needs. Any Operating Authorization that is withdrawn or
temporarily suspended will, if reallocated, be reallocated to the
carrier from which it was taken, provided that the carrier continues to
operate scheduled service at EWR.
12. The FAA will enforce this Order through an enforcement action
seeking a civil penalty under 49 U.S.C. 46301(a). A carrier that is not
a small business as defined in the Small Business Act, 15 U.S.C. 632,
will be liable for a civil penalty of up to $25,000 for every day that
it violates the limits set forth in this Order. A carrier that is a
small business as defined in the Small Business Act will be liable for
a civil penalty of up to $10,000 for every day that it violates the
limits set forth in this Order. The FAA also could file a civil action
in U.S. District Court, under 49 U.S.C. 46106, 46107, seeking to enjoin
any air carrier from violating the terms of this Order.
13. The FAA may modify or withdraw any provision in this Order on
its own or on application by any carrier for good cause shown.
Issued in Washington, DC, on March 12, 2008.
Robert A. Sturgell,
Acting Administrator, Federal Aviation Administration.
Appendix--Operating Limitations at Newark Liberty International Airport (EWR)--August 2008 Proposed as of 3/12/
2008
[0600-2259 local hours only: 30 minute OA windows]
----------------------------------------------------------------------------------------------------------------
Period
Seller carrier (LT) Arr/Dep Sun Mon Tue Wed Thu Fri Sat
----------------------------------------------------------------------------------------------------------------
AAL--American Airlines....... 0600 Departure.... 2 2 2 2 2 2 2
AAL--American Airlines....... 0730 Departure.... 2 2 2 2 2 2 2
AAL--American Airlines....... 0830 Arrival...... 1 1 1 1 1 1 1
AAL--American Airlines....... 0830 Departure.... 1 1 1 1 1 1 1
AAL--American Airlines....... 0900 Departure.... 2 2 2 2 2 2 2
AAL--American Airlines....... 0930 Arrival...... 1 1 1 1 1 1 1
AAL--American Airlines....... 1000 Departure.... 1 1 1 1 1 1 1
AAL--American Airlines....... 1030 Arrival...... 2 2 2 2 2 2 2
AAL--American Airlines....... 1030 Departure.... 1 1 1 1 1 1 1
AAL--American Airlines....... 1100 Arrival...... 1 1 1 1 1 1 1
AAL--American Airlines....... 1100 Departure.... 1 1 1 1 1 1 1
AAL--American Airlines....... 1130 Departure.... 1 1 1 1 1 1 1
AAL--American Airlines....... 1200 Arrival...... 1 1 1 1 1 1 1
AAL--American Airlines....... 1200 Departure.... 1 1 1 1 1 1 1
AAL--American Airlines....... 1230 Arrival...... 1 1 1 1 1 1 1
AAL--American Airlines....... 1230 Departure.... 1 1 1 1 1 1 1
AAL--American Airlines....... 1300 Departure.... 2 2 2 2 2 2 2
AAL--American Airlines....... 1330 Arrival...... 3 3 3 3 3 3 3
AAL--American Airlines....... 1400 Arrival...... 1 1 1 1 1 1 1
AAL--American Airlines....... 1400 Departure.... 1 1 1 1 1 1 1
AAL--American Airlines....... 1500 Arrival...... 1 1 1 1 1 1 1
AAL--American Airlines....... 1500 Departure.... 1 1 1 1 1 1 1
AAL--American Airlines....... 1530 Departure.... 1 1 1 1 1 1 1
AAL--American Airlines....... 1600 Arrival...... 3 3 3 3 3 3 3
[[Page 14559]]
AAL--American Airlines....... 1630 Arrival...... 1 1 1 1 1 1 1
AAL--American Airlines....... 1630 Departure.... 2 2 2 2 2 2 2
AAL--American Airlines....... 1700 Departure.... 3 3 3 3 3 3 3
AAL--American Airlines....... 1730 Arrival...... 2 2 2 2 2 2 2
AAL--American Airlines....... 1800 Departure.... 1 1 1 1 1 1 1
AAL--American Airlines....... 1830 Arrival...... 1 1 1 1 1 1 1
AAL--American Airlines....... 1830 Departure.... 1 1 1 1 1 1 1
AAL--American Airlines....... 1900 Departure.... 1 1 1 1 1 1 1
AAL--American Airlines....... 1930 Arrival...... 1 1 1 1 1 1 1
AAL--American Airlines....... 1930 Departure.... 2 2 2 2 2 2 2
AAL--American Airlines....... 2100 Arrival...... 2 2 2 2 2 2 2
AAL--American Airlines....... 2100 Departure.... 1 1 1 1 1 1 1
AAL--American Airlines....... 2130 Arrival...... 1 1 1 1 1 1 1
AAL--American Airlines....... 2230 Arrival...... 2 2 2 2 2 2 2
----------------------------------------------------------------------------------------------------------------
ABX--ABX..................... 0600 Arrival...... ...... ...... 1 1 1 1 1
ABX--ABX..................... 2230 Departure.... ...... 1 1 1 1 1 ......
----------------------------------------------------------------------------------------------------------------
ACA--Air Canada.............. 0600 Departure.... 1 1 1 1 1 1 1
ACA--Air Canada.............. 0730 Arrival...... 1 1 1 1 1 1 1
ACA--Air Canada.............. 0800 Arrival...... 1 1 1 1 1 1 1
ACA--Air Canada.............. 0830 Departure.... 2 2 2 2 2 2 2
ACA--Air Canada.............. 1000 Arrival...... 1 1 1 1 1 1 1
ACA--Air Canada.............. 1030 Departure.... 1 1 1 1 1 1 1
ACA--Air Canada.............. 1130 Arrival...... 1 1 1 1 1 1 1
ACA--Air Canada.............. 1230 Arrival...... 1 1 1 1 1 1 1
ACA--Air Canada.............. 1230 Departure.... 1 1 1 1 1 1 1
ACA--Air Canada.............. 1300 Departure.... 1 1 1 1 1 1 1
ACA--Air Canada.............. 1330 Arrival...... 1 1 1 1 1 1 1
ACA--Air Canada.............. 1430 Departure.... 1 1 1 1 1 1 1
ACA--Air Canada.............. 1530 Arrival...... 1 1 1 1 1 1 1
ACA--Air Canada.............. 1600 Departure.... 1 1 1 1 1 1 1
ACA--Air Canada.............. 1700 Arrival...... 1 1 1 1 1 1 1
ACA--Air Canada.............. 1730 Departure.... 1 1 1 1 1 1 1
ACA--Air Canada.............. 1800 Arrival...... 1 1 1 1 1 1 1
ACA--Air Canada.............. 1930 Arrival...... 1 1 1 1 1 1 1
ACA--Air Canada.............. 1930 Departure.... 1 1 1 1 1 1 1
ACA--Air Canada.............. 2000 Arrival...... 1 1 1 1 1 1 1
ACA--Air Canada.............. 2000 Departure.... 1 1 1 1 1 1 1
ACA--Air Canada.............. 2100 Departure.... 1 1 1 1 1 1 1
ACA--Air Canada.............. 2200 Arrival...... 1 1 1 1 1 1 1
----------------------------------------------------------------------------------------------------------------
AFC--Kalitta................. 1700 Arrival...... ...... 1 ...... ...... 1 ...... ......
----------------------------------------------------------------------------------------------------------------
AFR--Air France.............. 1530 Arrival...... 1 1 1 1 1 1 1
AFR--Air France.............. 1900 Departure.... 1 1 1 1 1 1 1
----------------------------------------------------------------------------------------------------------------
AIC--Air India............... 1600 Arrival...... 1 1 1 1 1 1 1
AIC--Air India............... 2100 Departure.... 1 1 1 1 1 1 1
----------------------------------------------------------------------------------------------------------------
AIO--Elysair................. 1600 Arrival...... 1 1 1 1 1 1 1
AIO--Elysair................. 1900 Departure.... 1 1 1 1 1 1 1
AIO--Elysair................. 2000 Arrival...... 1 1 1 1 1 1 ......
AIO--Elysair................. 2200 Departure.... 1 1 1 1 1 1 ......
----------------------------------------------------------------------------------------------------------------
ASA--Alaska.................. 0730 Departure.... 1 1 1 1 1 1 1
ASA--Alaska.................. 1700 Arrival...... 1 1 1 1 1 1 1
ASA--Alaska.................. 1800 Departure.... 1 1 1 1 1 1 1
ASA--Alaska.................. 2130 Arrival...... 1 1 1 1 1 1 1
----------------------------------------------------------------------------------------------------------------
ATN--Air Transport Intnl..... 0600 Arrival...... ...... 1 1 1 1 ...... ......
ATN--Air Transport Intnl..... 0630 Departure.... ...... 1 1 1 1 ...... ......
----------------------------------------------------------------------------------------------------------------
AZA--Alitalia................ 1530 Arrival...... 1 1 1 1 1 1 1
AZA--Alitalia................ 1730 Departure.... 1 1 1 1 1 1 1
----------------------------------------------------------------------------------------------------------------
BAW--British Airways......... 0800 Departure.... 1 1 1 1 1 1 1
BAW--British Airways......... 1130 Arrival...... 1 1 1 1 1 1 1
BAW--British Airways......... 1730 Arrival...... 1 1 1 1 1 1 1
[[Page 14560]]
BAW--British Airways......... 1830 Departure.... 1 1 1 1 1 1 1
BAW--British Airways......... 2100 Departure.... 1 1 1 1 1 1 1
BAW--British Airways......... 2130 Arrival...... 1 1 1 1 1 1 1
----------------------------------------------------------------------------------------------------------------
COA--Continental............. 0600 Arrival...... 4 4 4 4 4 4 4
COA--Continental............. 0600 Departure.... 9 9 9 9 9 9 9
COA--Continental............. 0630 Arrival...... 1 1 1 1 1 1 1
COA--Continental............. 0630 Departure.... 20 20 20 20 20 20 20
COA--Continental............. 0700 Arrival...... 6 6 6 6 6 6 6
COA--Continental............. 0700 Departure.... 15 15 15 15 15 15 15
COA--Continental............. 0730 Arrival...... 19 19 19 19 19 19 19
COA--Continental............. 0730 Departure.... 17 17 17 17 17 17 17
COA--Continental............. 0800 Arrival...... 14 14 14 14 14 14 14
COA--Continental............. 0800 Departure.... 16 16 16 16 16 16 16
COA--Continental............. 0830 Arrival...... 7 7 7 7 7 7 7
COA--Continental............. 0830 Departure.... 24 24 24 24 24 24 24
COA--Continental............. 0900 Arrival...... 6 6 6 6 6 6 6
COA--Continental............. 0900 Departure.... 21 21 21 21 21 21 21
COA--Continental............. 0930 Arrival...... 9 9 9 9 9 9 9
COA--Continental............. 0930 Departure.... 4 4 4 4 4 4 4
COA--Continental............. 1000 Arrival...... 10 10 10 10 10 10 10
COA--Continental............. 1000 Departure.... 7 7 7 7 7 7 7
COA--Continental............. 1030 Arrival...... 7 7 7 7 7 7 7
COA--Continental............. 1030 Departure.... 12 12 12 12 12 12 12
COA--Continental............. 1100 Arrival...... 18 18 18 18 18 18 18
COA--Continental............. 1100 Departure.... 6 6 6 6 6 6 6
COA--Continental............. 1130 Arrival...... 14 14 14 14 14 14 14
COA--Continental............. 1130 Departure.... 13 13 13 13 13 13 13
COA--Continental............. 1200 Arrival...... 14 14 14 14 14 14 14
COA--Continental............. 1200 Departure.... 18 18 18 18 18 18 18
COA--Continental............. 1230 Arrival...... 19 19 19 19 19 19 19
COA--Continental............. 1230 Departure.... 8 8 8 8 8 8 8
COA--Continental............. 1300 Arrival...... 10 10 10 10 10 10 10
COA--Continental............. 1300 Departure.... 18 18 18 18 18 18 18
COA--Continental............. 1330 Arrival...... 20 20 20 20 20 20 20
COA--Continental............. 1330 Departure.... 9 9 9 9 9 9 9
COA--Continental............. 1400 Arrival...... 17 17 17 17 17 17 17
COA--Continental............. 1400 Departure.... 5 5 5 5 5 5 5
COA--Continental............. 1430 Arrival...... 17 17 17 17 17 17 17
COA--Continental............. 1430 Departure.... 20 20 20 20 20 20 20
COA--Continental............. 1500 Arrival...... 17 17 17 17 17 17 17
COA--Continental............. 1500 Departure.... 21 21 21 21 21 21 21
COA--Continental............. 1530 Arrival...... 19 19 19 19 19 19 19
COA--Continental............. 1530 Departure.... 10 10 10 10 10 10 10
COA--Continental............. 1600 Arrival...... 11 11 11 11 11 11 11
COA--Continental............. 1600 Departure.... 11 11 11 11 11 11 11
COA--Continental............. 1630 Arrival...... 19 19 19 19 19 19 19
COA--Continental............. 1630 Departure.... 13 13 13 13 13 13 13
COA--Continental............. 1700 Arrival...... 13 13 13 13 13 13 13
COA--Continental............. 1700 Departure.... 18 18 18 18 18 18 18
COA--Continental............. 1730 Arrival...... 6 6 6 6 6 6 6
COA--Continental............. 1730 Departure.... 13 13 13 13 13 13 13
COA--Continental............. 1800 Arrival...... 16 16 16 16 16 16 16
COA--Continental............. 1800 Departure.... 15 15 15 15 15 15 15
COA--Continental............. 1830 Arrival...... 13 13 13 13 13 13 13
COA--Continental............. 1830 Departure.... 8 8 8 8 8 8 8
COA--Continental............. 1900 Arrival...... 20 20 20 20 20 20 20
COA--Continental............. 1900 Departure.... 17 17 17 17 17 17 17
COA--Continental............. 1930 Arrival...... 8 8 8 8 8 8 8
COA--Continental............. 1930 Departure.... 14 14 14 14 14 14 14
COA--Continental............. 2000 Arrival...... 18 18 18 18 18 18 18
COA--Continental............. 2000 Departure.... 26 26 26 26 26 26 26
COA--Continental............. 2030 Arrival...... 9 9 9