Congestion Management Rule for John F. Kennedy International Airport and Newark Liberty International Airport; Correction, 66516-66517 [E8-26567]

Download as PDF 66516 Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Rules and Regulations dwashington3 on PRODPC61 with RULES part 71) to revise Class E airspace upward from 700 ft. above the surface and from 1,200 ft. above the surface at Ruby, AK (73 FR 51254). The action was proposed in order to create Class E airspace sufficient in size to contain aircraft while executing instrument procedures for the Ruby Airport. Class E controlled airspace extending upward from 700 ft. and 1,200 ft. above the surface in the Ruby Airport area is revised by this action. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments were received. The rule is adopted as proposed. The area will be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as 700/1,200 ft. transition areas are published in paragraph 6005 of FAA Order 7400.9S, Airspace Designations and Reporting Points, signed October 3, 2008, and effective October 31, 2008, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. The Rule This amendment to 14 CFR part 71 revises Class E airspace at the Ruby Airport, Alaska. This Class E airspace is revised to accommodate aircraft executing amended instrument procedures, and will be depicted on aeronautical charts for pilot reference. The intended effect of this rule is to provide adequate controlled airspace for Instrument Flight Rules (IFR) operations at the Ruby Airport, Ruby, Alaska. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in VerDate Aug<31>2005 15:24 Nov 07, 2008 Jkt 217001 Title 49 of the United States Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it creates Class E airspace sufficient in size to contain aircraft executing instrument procedures for the Ruby Airport and represents the FAA’s continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: ■ PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9S, Airspace Designations and Reporting Points, signed October 3, 2008, and effective October 31, 2008, is amended as follows: ■ Paragraph 6005 Class E Airspace Extending Upward from 700 feet or More Above the Surface of the Earth. * * * * * AAL AK E5 Ruby, AK [Revised] Ruby, Ruby Airport, AK (Lat. 64°43′38″ N., long. 155°28′11″ W.) That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of the Ruby Airport, AK, and 8 miles either side of the 051° bearing from the Ruby Airport, AK, extending from the 6.4-mile radius to 20.3 miles northeast of the Ruby Airport, AK; and that airspace extending upward from 1,200 feet above the surface within a 70-mile radius of the Ruby Airport, AK. * PO 00000 * * Frm 00030 * Fmt 4700 * Sfmt 4700 Issued in Anchorage, AK, on October 27, 2008. Anthony M. Wylie, Manager, Alaska Flight Services Information Area Group. [FR Doc. E8–26651 Filed 11–7–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 93 [Docket No. FAA–2008–0517; Amdt. No. 93– 88] RIN 2120–AJ28 Congestion Management Rule for John F. Kennedy International Airport and Newark Liberty International Airport; Correction Federal Aviation Administration (FAA), DOT. ACTION: Final rule; correcting amendment. AGENCY: SUMMARY: The FAA is correcting a final rule published in the October 10, 2008, Federal Register. The final rule addressed congestion in the New York City area by assigning slots at John F. Kennedy (JFK) and Newark Liberty (Newark) International Airports in a way that allows carriers to respond to market forces to drive efficient airline behavior. The original rule incorrectly identified the date by which limited slots will revert to the FAA for auction. This rule corrects the date. DATES: This correction will become effective on December 9, 2008. FOR FURTHER INFORMATION CONTACT: Rebecca MacPherson, FAA Office of the Chief Counsel, 800 Independence Ave., SW., Washington, DC 20591; telephone (202) 267–3073; e-mail rebecca.macpherson@faa.gov. SUPPLEMENTARY INFORMATION: Background On October 10, 2008 (73 FR 60544), the FAA published a final rule that will grandfather most of the existing operations at the airports. However, carriers will be required, for the first time, to purchase collectively approximately ten percent of the slots at each of the airports. There are no carveouts or special provisions for new entrants or limited incumbents. This rule will improve the efficiency of the National Airspace System by forcing a market-based mechanism for establishing the value of slots. Under prevailing economic theory, once the true value of slots is assessed, carriers E:\FR\FM\10NOR1.SGM 10NOR1 Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Rules and Regulations will make financial business decisions that would maximize the slots’ use. In the final rule, the FAA intended the initial reversion of slots for auction to take effect 30 days after the final rule’s effective date, which would be January 8, 2009. This was the time period referenced in the final rule as approved by the Office of Management and Budget. The January 13, 2009 date published in the Federal Register reflects an incorrect time period of 35 days following the final rule effective date. At present, the FAA intends to auction the initial slate of slots on or about January 12, 2009. While the slots revert to the FAA under the rule on January 8, 2009, the FAA is not required to conduct the auction on that date, and no carrier will lose the ability to operate any slot that meets the usage requirements of the John F. Kennedy (JFK) and Newark Liberty (Newark) International Airport Orders before October 25, 2009. Accordingly, this correction notice will have no practical impact on carriers operating at the airports. Correction In final rule FR Doc. E8–24046 published on October 10, 2008 (73 FR 65044), make the following correction. ■ § 93.165 [Corrected] On page 60569, in the third column, in § 93.165, paragraph (c), remove the date ‘‘January 13, 2009’’ and add in its place the date ‘‘January 8, 2009’’. ■ Issued in Washington, DC, on November 3, 2008. Pamela Hamilton-Powell, Director, Office of Rulemaking. [FR Doc. E8–26567 Filed 11–7–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 93 [Docket No. FAA–2006–25709; Amendment No. 93–87] RIN 2120–AI70 Congestion Management Rule for LaGuardia Airport; Correction Federal Aviation Administration (FAA), DOT. ACTION: Final rule; correcting amendment. dwashington3 on PRODPC61 with RULES AGENCY: SUMMARY: The FAA is correcting a final rule published in the October 10, 2008, Federal Register. The final rule VerDate Aug<31>2005 15:24 Nov 07, 2008 Jkt 217001 addressed congestion at New York’s LaGuardia Airport (LaGuardia). The original rule incorrectly identified the date by which limited slots will revert to the FAA for auction. This rule corrects the date. The final rule published on October 10, 2008 (73 FR 60574), and this correction will become effective on December 9, 2008. DATES: FOR FURTHER INFORMATION CONTACT: Rebecca MacPherson, FAA Office of the Chief Counsel, 800 Independence Ave., SW., Washington, DC 20591; telephone (202) 267–3073; e-mail rebecca.macpherson@faa.gov. SUPPLEMENTARY INFORMATION: 66517 Correction In final rule FR Doc. E8–24008 published on October 10, 2008 (73 FR 65074), make the following correction. ■ § 93.39 [Corrected] On page 60599, in the third column, in § 93.39, remove the date ‘‘January 13, 2009’’ and add in its place the date ‘‘January 8, 2009’’. ■ Issued in Washington, DC, on November 3, 2008. Pamela Hamilton-Powell, Director, Office of Rulemaking. [FR Doc. E8–26568 Filed 11–7–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Background On October 10, 2008 (73 FR 60574), the FAA published a final rule that will grandfather most of the existing operations at the LaGuardia airport. However, carriers will be required, for the first time, to purchase collectively approximately nine percent of the slots at the airport. There are no carve-outs or special provisions for new entrants or limited incumbents. The rule will improve the efficiency of the National Airspace System by forcing a marketbased mechanism for establishing the value of slots. Under prevailing economic theory, once the true value of slots is assessed, carriers will make financial business decisions that would maximize the slots’ use. Correction In the final rule, the FAA intended the initial reversion of slots for auction to take effect 30 days after the final rule’s effective date, which would be January 8, 2009. This was the time period referenced in the final rule as approved by the Office of Management and Budget. The January 13, 2009 date published in the Federal Register reflects an incorrect time period of 35 days following the final rule effective date. At present, the FAA intends to auction the initial slate of slots on or about January 12, 2009. While the slots revert to the FAA under the rule on January 8, 2009, the FAA is not required to conduct the auction on that date, and no carrier will lose the ability to operate any slot that meets the usage requirements of the LaGuardia Order before March 8, 2009. Accordingly, this correction notice will have no practical impact on carriers operating at the airport. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 Federal Aviation Administration 14 CFR Part 97 [Docket No. 30633; Amdt. No 3292] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: SUMMARY: This establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. This rule is effective November 10, 2008. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of November 10, 2008. ADDRESSES: Availability of matters incorporated by reference in the amendment is as follows: For Examination— DATES: E:\FR\FM\10NOR1.SGM 10NOR1

Agencies

[Federal Register Volume 73, Number 218 (Monday, November 10, 2008)]
[Rules and Regulations]
[Pages 66516-66517]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26567]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No. FAA-2008-0517; Amdt. No. 93-88]
RIN 2120-AJ28


Congestion Management Rule for John F. Kennedy International 
Airport and Newark Liberty International Airport; Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correcting amendment.

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SUMMARY: The FAA is correcting a final rule published in the October 
10, 2008, Federal Register. The final rule addressed congestion in the 
New York City area by assigning slots at John F. Kennedy (JFK) and 
Newark Liberty (Newark) International Airports in a way that allows 
carriers to respond to market forces to drive efficient airline 
behavior. The original rule incorrectly identified the date by which 
limited slots will revert to the FAA for auction. This rule corrects 
the date.

DATES: This correction will become effective on December 9, 2008.

FOR FURTHER INFORMATION CONTACT: Rebecca MacPherson, FAA Office of the 
Chief Counsel, 800 Independence Ave., SW., Washington, DC 20591; 
telephone (202) 267-3073; e-mail rebecca.macpherson@faa.gov.

SUPPLEMENTARY INFORMATION: 

Background

    On October 10, 2008 (73 FR 60544), the FAA published a final rule 
that will grandfather most of the existing operations at the airports. 
However, carriers will be required, for the first time, to purchase 
collectively approximately ten percent of the slots at each of the 
airports. There are no carve-outs or special provisions for new 
entrants or limited incumbents. This rule will improve the efficiency 
of the National Airspace System by forcing a market-based mechanism for 
establishing the value of slots. Under prevailing economic theory, once 
the true value of slots is assessed, carriers

[[Page 66517]]

will make financial business decisions that would maximize the slots' 
use.
    In the final rule, the FAA intended the initial reversion of slots 
for auction to take effect 30 days after the final rule's effective 
date, which would be January 8, 2009. This was the time period 
referenced in the final rule as approved by the Office of Management 
and Budget. The January 13, 2009 date published in the Federal Register 
reflects an incorrect time period of 35 days following the final rule 
effective date.
    At present, the FAA intends to auction the initial slate of slots 
on or about January 12, 2009. While the slots revert to the FAA under 
the rule on January 8, 2009, the FAA is not required to conduct the 
auction on that date, and no carrier will lose the ability to operate 
any slot that meets the usage requirements of the John F. Kennedy (JFK) 
and Newark Liberty (Newark) International Airport Orders before October 
25, 2009. Accordingly, this correction notice will have no practical 
impact on carriers operating at the airports.

Correction

0
In final rule FR Doc. E8-24046 published on October 10, 2008 (73 FR 
65044), make the following correction.


Sec.  93.165  [Corrected]

0
On page 60569, in the third column, in Sec.  93.165, paragraph (c), 
remove the date ``January 13, 2009'' and add in its place the date 
``January 8, 2009''.

    Issued in Washington, DC, on November 3, 2008.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. E8-26567 Filed 11-7-08; 8:45 am]
BILLING CODE 4910-13-P