Operating Limitations at New York LaGuardia Airport; Notice of Order, 48428-48430 [E8-19112]
Download as PDF
<![CDATA[
48428
Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Notices
Issued in Hawthorne, CA, on August 11,
2008.
Barry S. Brayer,
Manager, Special Programs Office, Western
Pacific Region.
[FR Doc. E8–19017 Filed 8–18–08; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Fifth Meeting, RTCA Special
Committee 216: Aeronautical System
Security
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of RTCA Special
Committee 216 meeting Aeronautical
Systems Security.
With the approval of the chairmen,
members of the public may present oral
statements at the meeting. Persons
wishing to present statements or obtain
information should contact the person
listed in the ‘‘FOR FURTHER INFORMATION
CONTACT’’ section. Members of the
public may present a written statement
to the committee at any time.
Issued in Washington, DC, on August 11,
2008.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. E8–19013 Filed 8–15–08; 8:45 am]
BILLING CODE 4910–13–M
AGENCY:
Federal Aviation Administration
The FAA is issuing this notice
to advise the public of a meeting of
RTCA Special Committee 216:
Aeronautical Systems Security.
DATES: The meeting will be held on
September 9–12, 2007, from 9 a.m. to 5
p.m.
ADDRESSES: The meeting will be held at
EG&G, 2450 Crystal Drive, Suite 500,
Crystal City, Arlington, VA 22202, (P)
703–418–3000.
FOR FURTHER INFORMATION CONTACT:
RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC, 20036–
5133; telephone (202) 833–9339; fax
(202) 833 9434; Web site https://
www.rtca.org.
SUPPLEMENTARY INFORMATION: Pursuant
to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92–
463, 5 U.S.C., Appendix 2), notice is
hereby given for a Special Committee
216 meeting. The agenda will include:
• September 9–12:
• Opening Session (Welcome,
Introductions and Administrative
Remarks, Agenda Overview).
• Subgroup Reports.
• EUROCAE WG–72 Report.
• Other Industry Activities Related to
Security—Reports.
• Evaluation of status, progress, and
direction based on subgroup
recommendation and Terms of
Reference.
• Continued development of SC–216
work products.
• Establish Dates, Location and
Agenda for Next Meeting.
• Closing Session (Any Other
Business, AssignmentlReview of
Future Work, Establish Agenda,
Date and Place of Next Meeting,
Closing Remarks, Adjourn).
Attendance is open to the interested
public but limited to space availability.
SUMMARY:
ebenthall on PRODPC60 with NOTICES
DEPARTMENT OF TRANSPORTATION
VerDate Aug<31>2005
15:12 Aug 18, 2008
Jkt 214001
First Meeting, RTCAIPMC New Special
Committee 219: Attitude and Heading
Reference Systems (AHRS)
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of RTCA Special
Committee 219 meeting: Attitude and
Heading Reference.
AGENCY:
The FAA is issuing this notice
to advise the public of a meeting of
RTCA Special Committee 216:
Aeronautical Systems Security.
DATES: The meeting will be held on
September 16–17, 2007, from 9 a.m. to
5 p.m.
ADDRESSES: The meeting will be held at
1828 L Street, NW., Suite 805,
MacIntosh NBAA and Hilton-ATA
Rooms, Washington, DC 20036.
FOR FURTHER INFORMATION CONTACT:
RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036–5
133; telephone (202) 833–9339; fax (202)
833–9434; Web site https://www.rtca.org.
SUPPLEMENTARY INFORMATION: Pursuant
to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92–
463, 5 U.S.C., Appendix 2), notice is
hereby given for a Special Committee
219 meeting. The agenda will include:
• September 16–17:
• Opening Session (Welcome,
Introductions and Administrative
Remarks).
• Agenda Overview.
• RCTA Functional Overview.
• Review Current Guidance/
Technical Standard Orders—Discussion.
• Committee Scope—Terms of
Reference.
• Organization of Work, Assign Tasks
and Workgoups. Presentation,
Discussion, Recommendations,
Assignment of Responsibilities.
• Establish Dates, Location and
Agenda for Next Meeting.
SUMMARY:
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
• Closing Session (Any Other
Business, Assignment/Review of Future
Work, Establish Agenda, Date and Place
of next Meeting, Closing Remarks,
Adjourn).
Attendance is open to interested
public but limited to space availability.
With the approval of the chairman,
members of the public may present oral
statements at the meeting. Persons
wishing to present statements or obtain
information should contact the person
listed in ‘‘FOR FURTHER INFORMATION
CONTACT’’ section. Members of the
public may present a written statement
to the committee at any time.
Issued in Washington, DC, on August 11,
2008.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. E8–19014 Filed 8–18–08; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2006–25755]
Operating Limitations at New York
LaGuardia Airport; Notice of Order
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of amendment to order.
AGENCY:
SUMMARY: The Federal Aviation
Administration (FAA) is amending the
Order Limiting Scheduled Operation at
New York LaGuardia Airport that
published in the Federal Register on
December 27, 2006. This amendment
reduces the number of reservations
available for unscheduled operations
from six per hour to three per hour.
DATES: This amendment is effective on
August 28, 2008.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this
amendment contact: Gerry Shakley,
System Operations Services, Air Traffic
Organization; telephone (202) 267–9424;
facsimile (202) 267–7277; e-mail
gerry.shakley@faa.gov. For legal
questions concerning this amendment
contact: Rebecca MacPherson, Office of
Chief Counsel, Federal Aviation
Administration; telephone (202) 267–
7240; facsimile (202) 267–7971; e-mail
rebecca.macpherson@faa.gov.
The FAA
is modifying its December 12, 2006
Order (the Order), that temporarily
limits flight operations at New York’s
LaGuardia Airport (LaGuardia), pending
its promulgation of a long-term
regulation to manage congestion at the
SUPPLEMENTARY INFORMATION:
E:\FR\FM\19AUN1.SGM
19AUN1
Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Notices
airport.1 The number of unscheduled
operations is reduced from six per hour
to three. This amendment does not
affect scheduled operations at the
airport.
I. Background
Due to LaGuardia’s limited runway
capacity, the airport cannot
accommodate the number of flights that
airlines and others would like to operate
without causing significant congestion.
The FAA has long limited the number
of arrivals and departures at LaGuardia
during peak demand periods through
the promulgation and implementation
of the High Density Rule (HDR).2 By
statute enacted in April 2000, the HDR’s
applicability to LaGuardia operations
terminated as of January 1, 2007.3 On
August 29, 2006, the FAA published a
notice of proposed rulemaking (NPRM)
in the Federal Register in anticipation
of the HDR’s expiration.4 In the NPRM,
the agency proposed another congestion
management program for LaGuardia,
which, among other things, would
continue to limit the number of
scheduled and unscheduled operations
at LaGuardia. Because the rulemaking
was not completed before January 1,
2007, the FAA, after notice and
comment, adopted interim operational
limitations on LaGuardia flights through
the Order.5 Without the limits contained
in the Order, the FAA projected that
severe congestion-related delays would
occur as a result of excessive demand at
LaGuardia, leading to delays both at
LaGuardia and at other airports
throughout the National Airspace
System.6
As part of that Order, the FAA
imposed a reservation system for
unscheduled operations at the airport.
Specifically, the FAA provided that it
would accommodate up to six
unscheduled reservations per hour
during the hours the airport was capped
as long as the operators had secured a
reservation with the Airport Reservation
Office. The FAA has decided to reduce
that number of available reservations
from six to three per hour.
ebenthall on PRODPC60 with NOTICES
1 On
April 16, 2008, the FAA published a notice
in the Federal Register seeking comment on
reducing the number of unscheduled operations per
hour at LaGuardia from six to three. 73 FR 20732;
April 16, 2008.
2 See 14 CFR part 93, subpart K.
3 Aviation Investment and Reform Act for the 21st
Century (AIR–21), Public Law 106–181 (April 5,
2000), 49 U.S.C. 41715(a)(2).
4 71 FR 51360.
5 71 FR 77854; December 27, 2006.
6 Subsequent to this Order, the FAA published a
Supplemental Notice of Proposed Rulemaking in
the Federal Register that withdrew certain
proposals and instead proposed two options to
allocate the limited capacity at LaGuardia. See 73
FR 20846; April 17, 2008.
VerDate Aug<31>2005
15:12 Aug 18, 2008
Jkt 214001
48429
The FAA and MITRE’s Center for
Advanced Aviation System
Development (CAASD) have reviewed
data on air traffic operations at
LaGuardia for calendar year 2007 to
determine the level of unscheduled
operations at the airport. In 2007 there
was an average of 36 weekday
operations at the airport from 6 a.m. to
10 p.m., the period the Order is in
effect. During the peak hours,
unscheduled operations averaged three
per hour.
The FAA published an Order
imposing a cap on operations at John F.
Kennedy International Airport on
January 18, 2008. That Order took effect
March 30, 2008. In addition, the FAA
published an Order imposing a cap on
operations at Newark Liberty
International Airport on May 21, 2008.7
That Order took effect on June 20, 2008.
In conjunction with those two orders,
the FAA intends to restrict the number
of unscheduled operations, other than
helicopters, at both airports. The FAA
has not proposed to restrict operations
at Teterboro.
The FAA is concerned that restricting
unscheduled operations at JFK and
Newark could encourage operators to
move their unscheduled operations
from those airports to LaGuardia. Delay
numbers at LaGuardia for 2007 were
among the highest in the country. Thus,
the FAA proposed to reduce the
allowable number of unscheduled
operations from six to three per hour.
It is significant to note that additional
reservations will be made available for
unscheduled operations depending on
the weather, runway configuration or
less than anticipated delays. In such
instances the FAA would likely allow
more than three unscheduled operations
in a given hour. It is unlikely that the
FAA would know more than eight hours
in advance whether additional capacity
is available. If additional capacity is
available, reservations would be
allocated through the Airport
Reservation Office’s e-CVRS reservation
system and not through the local air
traffic control facilities.
operations moving to LaGuardia from
other constrained airports is unfounded.
Contrary to NACA’s assertions, this
proposal was generated by the agency’s
concern on managing operations within
the region. Consistent with this action,
the FAA recently proposed limits for
unscheduled operations at JFK and
EWR.8 At these airports, the FAA
proposed reductions in the number of
unscheduled operations in the most
congested hours. The FAA does not find
it unreasonable to limit unscheduled
operations at LaGuardia to their 2007
levels. In the New York area, the FAA
must balance fair and reasonable access
to congestion reduction and
management goals. To reach these goals,
the number of unscheduled operations
cannot grow at LaGuardia, JFK or EWR.
If weather conditions permit and
additional operations can be
accommodated without affecting delay,
additional reservations will be made
available.
One individual seeks clarification as
to whether visual flight rules (VFR)
fixed-wing aircraft would be required to
obtain reservations to operate at
LaGuardia. The Notice of Order 9
defines unscheduled operations as
‘‘operations other than those regularly
conducted by an air carrier between
LaGuardia and another service point.
Scheduled operations include general
aviation, public aircraft, military,
charter, ferry and position flights.
Helicopter operations are excluded from
the reservation requirements.
Reservations for unscheduled flight
operations under visual flight rules
(VFR) are granted when the aircraft
receives clearance from air traffic
control to land or depart LaGuardia.
Reservations for unscheduled VFR
flights are not included in the limits for
unscheduled operators.’’
A second individual requests all
unscheduled flights be denied access to
LaGuardia as the flights contribute to
environmental damage and global
warming effects.
II. Discussion of Comments
Comments were submitted by the
National Air Carrier Association
(NACA) and two individuals responding
to the proposal. NACA is concerned
with the reduction in the number of
reservations available for unscheduled
operations. NACA complains that the
FAA did not consider the ramifications
of the orders on the New York region’s
airports as a whole and that the FAA’s
concern with additional unscheduled
With respect to unscheduled flight
operations at LaGuardia, the FAA
adopts the following:
1. The final order applies to all
operators of unscheduled flights, except
helicopter operations, at LaGuardia from
6 a.m. through 9:59 p.m., Eastern Time,
Monday through Friday and from 12
noon through 9:59 p.m., Eastern Time,
Sunday.
III. Amendment to the Order
8 FR
41156; July 17, 2008.
footnote 23 in the December 27, 2006 Notice
of Order.
9 See
7 73
PO 00000
FR 29550.
Frm 00067
Fmt 4703
Sfmt 4703
E:\FR\FM\19AUN1.SGM
19AUN1
ebenthall on PRODPC60 with NOTICES
48430
Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Notices
2. The final Order takes effect on
January 1, 2007, and will expire at the
first change of the scheduling season
occurring no less than 90 days after the
issuance of a final rule regulating
congestion at LaGuardia.
3. No person can operate an aircraft
other than a helicopter to or from
LaGuardia unless the operator has
received, for that unscheduled
operation, a reservation that is assigned
by the David J. Hurley Air Traffic
Control System Command Center’s
Airport Reservation Office (ARO).
Additional information on procedures
for obtaining a reservation will be
available via the Internet at https://
www.fly.faa.gov/ecvrs.
4. Three (3) reservations are available
per hour for unscheduled operations at
LaGuardia. The ARO will assign
reservations on a 30-minute basis.
5. The ARO receives and processes all
reservation requests. Reservations are
assigned on a ‘‘first-come, first-served’’
basis, determined as of the time that the
ARO receives the request. A
cancellation of any reservation that will
not be used as assigned would be
required.
6. Filing a request for a reservation
does not constitute the filing of an
instrument flight rules (IFR) flight plan,
as separately required by regulation.
After the reservation is obtained, an IFR
flight plan can be filed. The IFR flight
plan must include the reservation
number in the ‘‘remarks’’ section.
7. Air Traffic Control will
accommodate declared emergencies
without regard to reservations. Nonemergency flights in direct support of
national security, law enforcement,
military aircraft operations, or publicuse aircraft operations will be
accommodated above the reservation
limits with the prior approval of the
Vice President, System Operations
Services, Air Traffic Organization.
Procedures for obtaining the appropriate
reservation for such flights are available
via the Internet at https://
www.fly.faa.gov/ecvrs.
8. Notwithstanding the limits in
paragraph 4, if the Air Traffic
Organization determines that air traffic
control, weather, and capacity
conditions are favorable and significant
delay is not likely, the FAA can
accommodate additional reservations
over a specific period. Unused operating
authorizations can also be temporarily
made available for unscheduled
operations. Reservations for additional
operations are obtained through the
ARO.
9. Reservations cannot be bought,
sold, or leased.
VerDate Aug<31>2005
15:12 Aug 18, 2008
Jkt 214001
Issued in Washington, DC, on August 12,
2008.
Robert A. Sturgell,
Acting Administrator.
[FR Doc. E8–19112 Filed 8–18–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development
Corporation
Advisory Board; Notice of Meeting
Pursuant to Section 10(a)(2) of the
Federal Advisory Committee Act (Pub.
L. 92–463; 5 U.S.C. App. I), notice is
hereby given of a meeting of the
Advisory Board of the Saint Lawrence
Seaway Development Corporation
(SLSDC), to be held from 10 a.m. to
11:30 a.m. (EDT) on Wednesday,
September 17, 2008, at the Corporation’s
Administration Headquarters, Suite
W32–300, 1200 New Jersey Avenue, SE.,
Washington, DC. The agenda for this
meeting will be as follows: Opening
Remarks; Consideration of Minutes of
Past Meeting; Quarterly Report; Old and
New Business; Closing Discussion;
Adjournment.
Attendance at the meeting is open to
the interested public but limited to the
space available. With the approval of
the Administrator, members of the
public may present oral statements at
the meeting. Persons wishing further
information should contact, not later
than Friday, September 12, 2008, Anita
K. Blackman, Chief of Staff, Saint
Lawrence Seaway Development
Corporation, 1200 New Jersey Avenue,
SE., Washington, DC 20590; 202–366–
0091.
Any member of the public may
present a written statement to the
Advisory Board at any time.
Issued at Washington, DC, on August 14,
2008.
Collister Johnson, Jr.,
Administrator.
[FR Doc. E8–19169 Filed 8–18–08; 8:45 am]
BILLING CODE 4910–61–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Additional Designation of Individuals
Pursuant to Executive Order 13224
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
SUMMARY: The Treasury Department’s
Office of Foreign Assets Control
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
(‘‘OFAC’’) is publishing the names of
four newly-designated individuals
whose property and interests in
property are blocked pursuant to
Executive Order 13224 of September 23,
2001, ‘‘Blocking Property and
Prohibiting Transactions With Persons
Who Commit, Threaten To Commit, or
Support Terrorism.’’
DATES: The designation by the Director
of OFAC of the four individuals
identified in this notice, pursuant to
Executive Order 13224, is effective on
July 17, 2008.
FOR FURTHER INFORMATION CONTACT:
Assistant Director, Compliance
Outreach & Implementation, Office of
Foreign Assets Control, Department of
the Treasury, Washington, DC 20220,
tel.: 202/622–2490.
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional
information concerning OFAC are
available from OFAC’s Web site (https://
www.treas.gov/ofac) or via facsimile
through a 24-hour fax-on-demand
service, tel.: 202/622–0077.
Background
On September 23, 2001, the President
issued Executive Order 13224 (the
‘‘Order’’) pursuant to the International
Emergency Economic Powers Act, 50
U.S.C. 1701–1706, and the United
Nations Participation Act of 1945, 22
U.S.C. 287c. In the Order, the President
declared a national emergency to
address grave acts of terrorism and
threats of terrorism committed by
foreign terrorists, including the
September 11, 2001, terrorist attacks in
New York, Pennsylvania, and at the
Pentagon. The Order imposes economic
sanctions on persons who have
committed, pose a significant risk of
committing, or support acts of terrorism.
The President identified in the Annex to
the Order, as amended by Executive
Order 13268 of July 2, 2002, 13
individuals and 16 entities as subject to
the economic sanctions. The Order was
further amended by Executive Order
13284 of January 23, 2003, to reflect the
creation of the Department of Homeland
Security.
Section 1 of the Order blocks, with
certain exceptions, all property and
interests in property that are in or
hereafter come within the United States
or the possession or control of United
States persons, of: (1) Foreign persons
listed in the Annex to the Order; (2)
foreign persons determined by the
Secretary of State, in consultation with
the Secretary of the Treasury, the
Secretary of the Department of
E:\FR\FM\19AUN1.SGM
19AUN1
]]>Agencies
[Federal Register Volume 73, Number 161 (Tuesday, August 19, 2008)]
[Notices]
[Pages 48428-48430]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19112]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2006-25755]
Operating Limitations at New York LaGuardia Airport; Notice of
Order
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of amendment to order.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA) is amending the
Order Limiting Scheduled Operation at New York LaGuardia Airport that
published in the Federal Register on December 27, 2006. This amendment
reduces the number of reservations available for unscheduled operations
from six per hour to three per hour.
DATES: This amendment is effective on August 28, 2008.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this amendment contact: Gerry Shakley, System Operations Services, Air
Traffic Organization; telephone (202) 267-9424; facsimile (202) 267-
7277; e-mail gerry.shakley@faa.gov. For legal questions concerning this
amendment contact: Rebecca MacPherson, Office of Chief Counsel, Federal
Aviation Administration; telephone (202) 267-7240; facsimile (202) 267-
7971; e-mail rebecca.macpherson@faa.gov.
SUPPLEMENTARY INFORMATION: The FAA is modifying its December 12, 2006
Order (the Order), that temporarily limits flight operations at New
York's LaGuardia Airport (LaGuardia), pending its promulgation of a
long-term regulation to manage congestion at the
[[Page 48429]]
airport.\1\ The number of unscheduled operations is reduced from six
per hour to three. This amendment does not affect scheduled operations
at the airport.
---------------------------------------------------------------------------
\1\ On April 16, 2008, the FAA published a notice in the Federal
Register seeking comment on reducing the number of unscheduled
operations per hour at LaGuardia from six to three. 73 FR 20732;
April 16, 2008.
---------------------------------------------------------------------------
I. Background
Due to LaGuardia's limited runway capacity, the airport cannot
accommodate the number of flights that airlines and others would like
to operate without causing significant congestion. The FAA has long
limited the number of arrivals and departures at LaGuardia during peak
demand periods through the promulgation and implementation of the High
Density Rule (HDR).\2\ By statute enacted in April 2000, the HDR's
applicability to LaGuardia operations terminated as of January 1,
2007.\3\ On August 29, 2006, the FAA published a notice of proposed
rulemaking (NPRM) in the Federal Register in anticipation of the HDR's
expiration.\4\ In the NPRM, the agency proposed another congestion
management program for LaGuardia, which, among other things, would
continue to limit the number of scheduled and unscheduled operations at
LaGuardia. Because the rulemaking was not completed before January 1,
2007, the FAA, after notice and comment, adopted interim operational
limitations on LaGuardia flights through the Order.\5\ Without the
limits contained in the Order, the FAA projected that severe
congestion-related delays would occur as a result of excessive demand
at LaGuardia, leading to delays both at LaGuardia and at other airports
throughout the National Airspace System.\6\
---------------------------------------------------------------------------
\2\ See 14 CFR part 93, subpart K.
\3\ Aviation Investment and Reform Act for the 21st Century
(AIR-21), Public Law 106-181 (April 5, 2000), 49 U.S.C. 41715(a)(2).
\4\ 71 FR 51360.
\5\ 71 FR 77854; December 27, 2006.
\6\ Subsequent to this Order, the FAA published a Supplemental
Notice of Proposed Rulemaking in the Federal Register that withdrew
certain proposals and instead proposed two options to allocate the
limited capacity at LaGuardia. See 73 FR 20846; April 17, 2008.
---------------------------------------------------------------------------
As part of that Order, the FAA imposed a reservation system for
unscheduled operations at the airport. Specifically, the FAA provided
that it would accommodate up to six unscheduled reservations per hour
during the hours the airport was capped as long as the operators had
secured a reservation with the Airport Reservation Office. The FAA has
decided to reduce that number of available reservations from six to
three per hour.
The FAA and MITRE's Center for Advanced Aviation System Development
(CAASD) have reviewed data on air traffic operations at LaGuardia for
calendar year 2007 to determine the level of unscheduled operations at
the airport. In 2007 there was an average of 36 weekday operations at
the airport from 6 a.m. to 10 p.m., the period the Order is in effect.
During the peak hours, unscheduled operations averaged three per hour.
The FAA published an Order imposing a cap on operations at John F.
Kennedy International Airport on January 18, 2008. That Order took
effect March 30, 2008. In addition, the FAA published an Order imposing
a cap on operations at Newark Liberty International Airport on May 21,
2008.\7\ That Order took effect on June 20, 2008. In conjunction with
those two orders, the FAA intends to restrict the number of unscheduled
operations, other than helicopters, at both airports. The FAA has not
proposed to restrict operations at Teterboro.
---------------------------------------------------------------------------
\7\ 73 FR 29550.
---------------------------------------------------------------------------
The FAA is concerned that restricting unscheduled operations at JFK
and Newark could encourage operators to move their unscheduled
operations from those airports to LaGuardia. Delay numbers at LaGuardia
for 2007 were among the highest in the country. Thus, the FAA proposed
to reduce the allowable number of unscheduled operations from six to
three per hour.
It is significant to note that additional reservations will be made
available for unscheduled operations depending on the weather, runway
configuration or less than anticipated delays. In such instances the
FAA would likely allow more than three unscheduled operations in a
given hour. It is unlikely that the FAA would know more than eight
hours in advance whether additional capacity is available. If
additional capacity is available, reservations would be allocated
through the Airport Reservation Office's e-CVRS reservation system and
not through the local air traffic control facilities.
II. Discussion of Comments
Comments were submitted by the National Air Carrier Association
(NACA) and two individuals responding to the proposal. NACA is
concerned with the reduction in the number of reservations available
for unscheduled operations. NACA complains that the FAA did not
consider the ramifications of the orders on the New York region's
airports as a whole and that the FAA's concern with additional
unscheduled operations moving to LaGuardia from other constrained
airports is unfounded.
Contrary to NACA's assertions, this proposal was generated by the
agency's concern on managing operations within the region. Consistent
with this action, the FAA recently proposed limits for unscheduled
operations at JFK and EWR.\8\ At these airports, the FAA proposed
reductions in the number of unscheduled operations in the most
congested hours. The FAA does not find it unreasonable to limit
unscheduled operations at LaGuardia to their 2007 levels. In the New
York area, the FAA must balance fair and reasonable access to
congestion reduction and management goals. To reach these goals, the
number of unscheduled operations cannot grow at LaGuardia, JFK or EWR.
If weather conditions permit and additional operations can be
accommodated without affecting delay, additional reservations will be
made available.
---------------------------------------------------------------------------
\8\ FR 41156; July 17, 2008.
---------------------------------------------------------------------------
One individual seeks clarification as to whether visual flight
rules (VFR) fixed-wing aircraft would be required to obtain
reservations to operate at LaGuardia. The Notice of Order \9\ defines
unscheduled operations as ``operations other than those regularly
conducted by an air carrier between LaGuardia and another service
point. Scheduled operations include general aviation, public aircraft,
military, charter, ferry and position flights. Helicopter operations
are excluded from the reservation requirements. Reservations for
unscheduled flight operations under visual flight rules (VFR) are
granted when the aircraft receives clearance from air traffic control
to land or depart LaGuardia. Reservations for unscheduled VFR flights
are not included in the limits for unscheduled operators.''
---------------------------------------------------------------------------
\9\ See footnote 23 in the December 27, 2006 Notice of Order.
---------------------------------------------------------------------------
A second individual requests all unscheduled flights be denied
access to LaGuardia as the flights contribute to environmental damage
and global warming effects.
III. Amendment to the Order
With respect to unscheduled flight operations at LaGuardia, the FAA
adopts the following:
1. The final order applies to all operators of unscheduled flights,
except helicopter operations, at LaGuardia from 6 a.m. through 9:59
p.m., Eastern Time, Monday through Friday and from 12 noon through 9:59
p.m., Eastern Time, Sunday.
[[Page 48430]]
2. The final Order takes effect on January 1, 2007, and will expire
at the first change of the scheduling season occurring no less than 90
days after the issuance of a final rule regulating congestion at
LaGuardia.
3. No person can operate an aircraft other than a helicopter to or
from LaGuardia unless the operator has received, for that unscheduled
operation, a reservation that is assigned by the David J. Hurley Air
Traffic Control System Command Center's Airport Reservation Office
(ARO). Additional information on procedures for obtaining a reservation
will be available via the Internet at https://www.fly.faa.gov/ecvrs.
4. Three (3) reservations are available per hour for unscheduled
operations at LaGuardia. The ARO will assign reservations on a 30-
minute basis.
5. The ARO receives and processes all reservation requests.
Reservations are assigned on a ``first-come, first-served'' basis,
determined as of the time that the ARO receives the request. A
cancellation of any reservation that will not be used as assigned would
be required.
6. Filing a request for a reservation does not constitute the
filing of an instrument flight rules (IFR) flight plan, as separately
required by regulation. After the reservation is obtained, an IFR
flight plan can be filed. The IFR flight plan must include the
reservation number in the ``remarks'' section.
7. Air Traffic Control will accommodate declared emergencies
without regard to reservations. Non-emergency flights in direct support
of national security, law enforcement, military aircraft operations, or
public-use aircraft operations will be accommodated above the
reservation limits with the prior approval of the Vice President,
System Operations Services, Air Traffic Organization. Procedures for
obtaining the appropriate reservation for such flights are available
via the Internet at https://www.fly.faa.gov/ecvrs.
8. Notwithstanding the limits in paragraph 4, if the Air Traffic
Organization determines that air traffic control, weather, and capacity
conditions are favorable and significant delay is not likely, the FAA
can accommodate additional reservations over a specific period. Unused
operating authorizations can also be temporarily made available for
unscheduled operations. Reservations for additional operations are
obtained through the ARO.
9. Reservations cannot be bought, sold, or leased.
Issued in Washington, DC, on August 12, 2008.
Robert A. Sturgell,
Acting Administrator.
[FR Doc. E8-19112 Filed 8-18-08; 8:45 am]
BILLING CODE 4910-13-P
