Operating Limitations at New York's LaGuardia Airport; Notice of Order, 2646-2648 [E9-817]

Download as PDF 2646 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Notices law to a maximum of 180 days, will be completed on or before June 21, 2009. The FAA’S detailed evaluation will be conducted under the provisions of 14 CFR Part 150, § 150.33. The primary considerations in the evaluation process are whether the proposed measures may reduce the level of aviation safety, create an undue burden on interstate or foreign commerce, or be reasonably consistent with obtaining the goal of reducing existing non-compatible land uses and preventing the introduction of additional non-compatible land uses. Interested persons are invited to comment on the proposed program with specific reference to these factors. All comments, other than those properly addressed to local land use authorities, will be considered by the FAA to the extent practicable. Copies of the noise exposure maps, the FAA’s evaluation of the maps, and the proposed noise compatibility program are available for examination at the following locations: Federal Aviation Administration, Minneapolis Airport District Office, 6020 28th Ave., South, Minneapolis, MN 55450. General Mitchell International Airport, 5300 South Howell Avenue, Milwaukee, WI 53207. Questions may be directed to the individual named above under the heading, FOR FURTHER INFORMATION CONTACT. Issued in Minneapolis, Minnesota, December 24, 2008. Robert Huber, Manager, Minneapolis Airports District Office, FAA Great Lakes Region. [FR Doc. E9–535 Filed 1–14–09; 8:45 am] BILLING CODE 4910–12–M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2006–25755] Operating Limitations at New York’s LaGuardia Airport; Notice of Order jlentini on PROD1PC65 with NOTICES AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of Amendment to Order. SUMMARY: The Federal Aviation Administration (FAA) is amending its December 12, 2006 Order, which temporarily capped the scheduled operations at New York’s LaGuardia Airport (LaGuardia) pending the implementation of a longer-term regulation to manage congestion there. In particular, we are amending the Order to move toward an hourly limit of 71 operations from 6 a.m. through 9:59 VerDate Nov<24>2008 18:58 Jan 14, 2009 Jkt 217001 p.m., Eastern Time, Monday through Friday, and 12 noon through 9:59 p.m., Eastern Time, on Sunday. To move toward this new hourly limit, we do not through this amendment force air carriers to relinquish Operating Authorizations at the airport. Instead, the FAA will accept voluntary flight reductions for the duration of the Order, whereupon the FAA will retire the surrendered Operating Authorizations until an hourly average of 71 scheduled operations is achieved. In the event that the current final rule takes effect, that rule would impose a reduction in scheduled service using the air carriers’ base of operations during the week of September 28, 2008. The FAA published that rule on October 10, 2008, and it is presently stayed pending judicial review. If it proves necessary to require a reduction in scheduled operations through a future amendment of the Order, air carriers that voluntarily surrender Operating Authorizations under this initiative will be credited with voluntary schedule reductions that they commit to on or before February 2, 2009. The FAA will accept voluntarily offered schedule reductions through February 2, 2009, and expects air carriers to suspend service at LaGuardia under this arrangement on or before May 31, 2009. The FAA separately extended the Order’s expiration until 11:59 p.m., Eastern Time, on October 24, 2009.1 If you wish to review the background documents or comments received in relation to this amendment, you may go to https://www.regulations.gov at any time and follow the online instructions for accessing the electronic docket. You may also go to the U.S. Department of Transportation’s 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., Eastern Time, Monday through Friday, except Federal holidays. DATES: This amendment is effective on the date of publication. 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 FAA briefly outlined the history of congestion at LaGuardia and the FAA’s management of the problem in 1 74 PO 00000 FR 845 (Jan. 8, 2009). Frm 00139 Fmt 4703 Sfmt 4703 the proposal for these amendments.2 The problem, stated succinctly, is that the current cap of 75 scheduled operations per hour is very close to the maximum throughput for LaGuardia’s two-runway configuration in optimal meteorological and operational conditions. If there are delays due to adverse weather or other operational reasons, a limit of 75 scheduled operations simply does not permit the airport a significant opportunity to recover, often consigning the airport to delays for the rest of the day. The FAA’s experience in managing congestion at other airports reflects that scheduled service short of maximum airport throughput permits needed flexibility to restore the schedule in many instances when the airport falls behind the published schedules. The FAA’s proposal and this amendment are intended to give LaGuardia an additional margin of operational flexibility, providing increased reliability for passengers and others who depend on efficient air transportation. Depending on the air carriers’ response to this initiative, LaGuardia passengers and air carriers can expect varying levels of relief from congestion-related delay. II. Discussion of the Written Submissions A. An Hourly Cap of 71 Scheduled Operations at LaGuardia Strikes an Appropriate Balance Between Airport Throughput and Operational Efficiency The Port Authority of New York and New Jersey (Port Authority) contends that evidence is lacking that the currently hourly cap of 75 scheduled operations is too high. Instead, the Port Authority advocates that the FAA focus exclusively on operational improvements that might incrementally increase the maximum throughput of the airport’s two-runway configuration. Contrary to the Port Authority’s intimation, the FAA continues to advance short-, intermediate-, and longterm initiatives that will improve LaGuardia’s operating efficiency. The FAA achieved many such initiatives in 2008 and will field many more in 2009. There are limits to the gains that can be achieved at LaGuardia, given the airport’s physical constraints, however. Over the near term while the Order remains in effect, these operational improvements will not make an hourly rate of 75 scheduled operations consistently achievable on an average day. Accordingly, the FAA determined that a modest, voluntary operational cut 2 73 E:\FR\FM\15JAN1.SGM FR 79,201 (Dec. 24, 2008). 15JAN1 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Notices merited enough consideration to solicit the public’s comments. The Port Authority also asserts that LaGuardia’s on-time performance has recently improved, negating the need for a reduction in scheduled operations. In particular, the Port Authority points to the airport’s performance in 2008, which was slightly better than its performance in 2007. LaGuardia’s on-time performance in 2007 was the airport’s second worst performance in its history, falling only behind 2000, when operations at LaGuardia were nearly unconstrained. As a result, a modest improvement in 2008, while noteworthy, does not make the airport objectively efficient. Indeed, the comments received on the FAA’s proposal do not bear out the Port Authority’s assertion. None of the air carrier and passenger interest commenters expressed satisfaction with LaGuardia’s current performance. To the contrary, such commenters uniformly expressed at least general support for the FAA effort to improve LaGuardia’s operational efficiency through operational reductions. Moreover, one air carrier expressed concern that the FAA’s effort to trim LaGuardia to 71 hourly scheduled operations does not cut deeply enough. The FAA is satisfied that its proposal to reduce scheduled operations at the airport through the end of the Order is appropriate.3 jlentini on PROD1PC65 with NOTICES B. The Suggested Variations on the FAA’s Proposal Would Have Undesirable Consequences Three air carrier commenters—Delta Air Lines, U.S. Airways, and Midwest Airlines—contend that adjustments to the FAA’s proposal might generate additional operational reductions. Among the alternatives, one or more of these carriers suggest a temporary waiver of the Order’s use-or-lose provisions for the duration of the Order. They also suggest that the FAA state that it could return the Operating Authorizations to the air carrier that surrenders it at or before the conclusion of the Order. The FAA has rarely afforded air carriers a temporary waiver of the useor-lose requirements associated with the operating authority at capacityconstrained airports. The rare instances have typically resulted from unpredictable circumstances that make 3 The Port Authority also notes that, in contrast to the FAA’s proposal, the FAA’s 2004 airport benchmark report concluded that 75 scheduled operations per hour was within an appropriate range for LaGuardia. As American Airlines observes in its supplemental comments, LaGuardia’s performance receded markedly after 2004 before improving modestly in 2008. VerDate Nov<24>2008 18:58 Jan 14, 2009 Jkt 217001 it unreasonable to expect usage at or above the minimum 80% threshold. The problem with such a program in the present context is that there is no simple way to limit its effect with any precision. In an environment in which many air carriers may be interested in initiating service at LaGuardia, the most problematic result could be an underutilization of the existing airport capacity coupled with an inability to permit new entrant service. This result, too, would be an inefficient use of airport capacity and perhaps the only result that would be worse than overutilization. The suggestion that the FAA should promise to return the surrendered Operating Authorization to the surrendering air carriers is equally problematic. Most or all the air carrier and passenger interest commenters recognize that a reduction in the hourly cap at LaGuardia is necessary to reduce congestion-related delay. The airport’s delay statistics reflect that it is significantly overscheduled, and the air carriers would ideally participate proportionally in correcting the situation without any promise of future enrichment. If the FAA must force reductions in service at a later date, it will do so; however, it would be disingenuous at this point to permit an impression that LaGuardia will soon return to 75 scheduled operations per hour. Delta Air Lines also suggests that, in lieu of the proposed reduction in scheduled operations, the FAA should make further reductions in the hourly operations of unscheduled operations. The FAA recently halved, from 6 to 3, the number of hourly Operating Authorizations available for unscheduled operations at LaGuardia during peak hours.4 We do not agree that a further reduction in unscheduled operations is appropriate at this time. C. The FAA Anticipates That Any Voluntary Reductions Under the Order Could Be Credited Toward a Future, Required Schedule Reduction at LaGuardia American Airlines proposes that the FAA should credit an air carrier with any voluntary reductions the carrier makes in its scheduled operations in the event that a future mandatory schedule reduction at LaGuardia is necessary. Delta Air Lines opposes the suggestion. The final rule related to scheduled operations at LaGuardia, which is currently stayed pending judicial review, called for a reduction in scheduled operations at LaGuardia to 71 4 73 PO 00000 FR 48,428 (Aug. 19, 2008). Frm 00140 Fmt 4703 Sfmt 4703 2647 per hour. If the relevant portion of the final rule ultimately goes into effect, the FAA’s proposal to amend the Order noted that the rule would draw such reductions from each air carrier’s base of operations at LaGuardia during the week of September 28, 2008. This provision of the rule would effectively restore the operations voluntarily discontinued under this amendment for the purpose of the withdrawal required by the October 10, 2008, final rule. In the event that the portion of the October 10 rule reducing scheduled operations at LaGuardia does not go into effect, however, it remains possible that the FAA will further extend the duration of this Order and propose a mandatory mechanism to reduce the hourly scheduled operations at LaGuardia. Should mandatory operational reductions occur under a future amendment to this Order, any air carrier that voluntarily reduces its scheduled operations under this amendment to the Order will receive credit for the voluntary reductions that it takes now. Should a future reduction in LaGuardia’s scheduled operations take place under a new rulemaking action, the FAA also anticipates that credit for an air carrier’s current, voluntary schedule reductions would be afforded there, as well. The FAA recognizes that to do otherwise would tend to discourage air carriers from voluntarily contributing to an undertaking that the air carrier commenters agree will bring a needed improvement to the efficient operation of the airport. III. The Final Amendment The FAA is amending paragraph A.1 of the Order’s ordering language to reflect that 71 hourly Operating Authorizations are available for scheduled service during the specified peak operating hours at LaGuardia. In order to move from the current level of scheduled service toward the reduced level, the FAA will accept from air carriers voluntary reductions in scheduled service at LaGuardia. We will retire the surrendered Operating Authorizations we receive until we attain the new average hourly rate of scheduled service. To preserve antitrust principles during the voluntary reduction process, a carrier’s identification of Operating Authorizations for voluntary reduction may not be contingent on specific flight reductions made by other carriers. As we originally proposed, if there is a reduction in scheduled service below an average of 71 hourly operations, the FAA may elect to reallocate Operating Authorizations in order to maintain an E:\FR\FM\15JAN1.SGM 15JAN1 2648 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Notices jlentini on PROD1PC65 with NOTICES hourly average of 71 scheduled operations. In reaching and maintaining this level, the FAA will retire Operating Authorizations in the order in which the air carriers’ commitments to reduce service are received and will notify an air carrier if any Operating Authorization that it is voluntarily offering to relinquish could be subject to reallocation. The FAA also notes that paragraphs A.6 and A.7 of the ordering paragraphs related to minimum usage requirements and the associated reallocation principles continue to apply to all Operating Authorizations that are not surrendered to the FAA and retired. In order to receive credit for the voluntary reduction in the future, an air carrier must present its offer to reduce scheduled service at LaGuardia no later than February 2, 2009. If an air carrier wishes to offer a voluntary reduction in scheduled service at LaGuardia, an authorized representative of the carrier must contact the individual identified in the FOR FURTHER INFORMATION CONTACT section of this document. In addition, air carriers must return all voluntarily surrendered Operating Authorizations to the FAA no later than May 31, 2009. Accordingly, paragraph A.1 of the FAA’s December 27, 2006 order limiting operations at LaGuardia, as previously amended, is amended as follows: 1. The final Order governs scheduled arrivals and departures, except helicopters, 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. Seventy-one (71) Operating Authorizations are available per hour and will be assigned by the FAA on a 30-minute basis. The FAA will permit additional, existing operations above this threshold; however, the FAA will retire Operating Authorizations that are surrendered to the FAA, withdrawn for non-use, or unassigned during each affected hour until the number of Operating Authorizations in that hour reaches seventy-one (71). Issued in Washington, DC, on January 12, 2009. Kerry B. Long, Chief Counsel, Federal Aviation Administration. [FR Doc. E9–817 Filed 1–14–09; 8:45 am] BILLING CODE 4910–13–P VerDate Nov<24>2008 18:58 Jan 14, 2009 Jkt 217001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE–2009–05] Petition for Exemption; Summary of Petition Received AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of petition for exemption received. SUMMARY: This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public’s awareness of, and participation in, this aspect of FAA’s regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. DATE: Comments on this petition must identify the petition docket number involved and must be received on or before February 4, 2009. ADDRESSES: You may send comments identified by Docket Number FAA– 2008–1333 using any of the following methods: • Government-wide rulemaking Web site: Go to https://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Send comments to the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. • Fax: Fax comments to the Docket Management Facility at 202–493–2251. • Hand Delivery: Bring comments to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy: We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Docket: To read background documents or comments received, go to PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 https://www.regulations.gov at any time or to the Docket Management Facility in Room W12–140 of the West Building Ground Floor 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: Ralen Gao, Office of Rulemaking, ARM– 209, Federal Aviation Administration, 800 Independence Avenue, SW., Room 810, Washington, DC 20591, fax 202– 267–5075, telephone 202–267–3168. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on December 8, 2009. Pamela Hamilton-Powell, Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2008–1333. Petitioner: Worldwide Aeros Corp. Section of 14 CFR Affected: 14 CFR 21.135. Description of Relief Sought: Worldwide Aeros Corp. (Aeros) seeks an exemption to allow Aeros to perform initial airship inflation and flight testing at an especially large hangar facility that is not part of the Aeros primary manufacturing facility. [FR Doc. E9–711 Filed 1–14–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA–2009–0001] Emergency Temporary Closure of I–395 & I–66 in the Commonwealth of Virginia AGENCIES: Federal Highway Administration (FHWA), DOT. ACTION: Announcement for the Virginia Department of Transportation to temporarily close I–395 & I–66 on January 20, 2009, for safety and security purposes for the Inauguration of the President of the United States. SUMMARY: Pursuant to section 658.11 of title 23, Code of Federal Regulations, the Virginia Department of Transportation (VDOT) has requested approval of a plan to temporarily close segments of the Interstate to all traffic except buses and authorized vehicles—I–395 (between the Capital Beltway and the District of Columbia (DC) line) and I–66 (between the Capital Beltway and the DC line)—on January 20, 2009, beginning at 12 a.m., for one consecutive 24-hour period because of the Presidential Inauguration. The E:\FR\FM\15JAN1.SGM 15JAN1

Agencies

[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Notices]
[Pages 2646-2648]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-817]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2006-25755]


Operating Limitations at New York's 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 its 
December 12, 2006 Order, which temporarily capped the scheduled 
operations at New York's LaGuardia Airport (LaGuardia) pending the 
implementation of a longer-term regulation to manage congestion there. 
In particular, we are amending the Order to move toward an hourly limit 
of 71 operations from 6 a.m. through 9:59 p.m., Eastern Time, Monday 
through Friday, and 12 noon through 9:59 p.m., Eastern Time, on Sunday. 
To move toward this new hourly limit, we do not through this amendment 
force air carriers to relinquish Operating Authorizations at the 
airport. Instead, the FAA will accept voluntary flight reductions for 
the duration of the Order, whereupon the FAA will retire the 
surrendered Operating Authorizations until an hourly average of 71 
scheduled operations is achieved. In the event that the current final 
rule takes effect, that rule would impose a reduction in scheduled 
service using the air carriers' base of operations during the week of 
September 28, 2008. The FAA published that rule on October 10, 2008, 
and it is presently stayed pending judicial review. If it proves 
necessary to require a reduction in scheduled operations through a 
future amendment of the Order, air carriers that voluntarily surrender 
Operating Authorizations under this initiative will be credited with 
voluntary schedule reductions that they commit to on or before February 
2, 2009.
    The FAA will accept voluntarily offered schedule reductions through 
February 2, 2009, and expects air carriers to suspend service at 
LaGuardia under this arrangement on or before May 31, 2009. The FAA 
separately extended the Order's expiration until 11:59 p.m., Eastern 
Time, on October 24, 2009.\1\
---------------------------------------------------------------------------

    \1\ 74 FR 845 (Jan. 8, 2009).
---------------------------------------------------------------------------

    If you wish to review the background documents or comments received 
in relation to this amendment, you may go to https://www.regulations.gov 
at any time and follow the online instructions for accessing the 
electronic docket. You may also go to the U.S. Department of 
Transportation's 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., Eastern Time, Monday through Friday, except 
Federal holidays.

DATES: This amendment is effective on the date of publication.

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 FAA briefly outlined the history of congestion at LaGuardia and 
the FAA's management of the problem in the proposal for these 
amendments.\2\ The problem, stated succinctly, is that the current cap 
of 75 scheduled operations per hour is very close to the maximum 
throughput for LaGuardia's two-runway configuration in optimal 
meteorological and operational conditions. If there are delays due to 
adverse weather or other operational reasons, a limit of 75 scheduled 
operations simply does not permit the airport a significant opportunity 
to recover, often consigning the airport to delays for the rest of the 
day.
---------------------------------------------------------------------------

    \2\ 73 FR 79,201 (Dec. 24, 2008).
---------------------------------------------------------------------------

    The FAA's experience in managing congestion at other airports 
reflects that scheduled service short of maximum airport throughput 
permits needed flexibility to restore the schedule in many instances 
when the airport falls behind the published schedules. The FAA's 
proposal and this amendment are intended to give LaGuardia an 
additional margin of operational flexibility, providing increased 
reliability for passengers and others who depend on efficient air 
transportation. Depending on the air carriers' response to this 
initiative, LaGuardia passengers and air carriers can expect varying 
levels of relief from congestion-related delay.

II. Discussion of the Written Submissions

A. An Hourly Cap of 71 Scheduled Operations at LaGuardia Strikes an 
Appropriate Balance Between Airport Throughput and Operational 
Efficiency

    The Port Authority of New York and New Jersey (Port Authority) 
contends that evidence is lacking that the currently hourly cap of 75 
scheduled operations is too high. Instead, the Port Authority advocates 
that the FAA focus exclusively on operational improvements that might 
incrementally increase the maximum throughput of the airport's two-
runway configuration.
    Contrary to the Port Authority's intimation, the FAA continues to 
advance short-, intermediate-, and long-term initiatives that will 
improve LaGuardia's operating efficiency. The FAA achieved many such 
initiatives in 2008 and will field many more in 2009. There are limits 
to the gains that can be achieved at LaGuardia, given the airport's 
physical constraints, however. Over the near term while the Order 
remains in effect, these operational improvements will not make an 
hourly rate of 75 scheduled operations consistently achievable on an 
average day. Accordingly, the FAA determined that a modest, voluntary 
operational cut

[[Page 2647]]

merited enough consideration to solicit the public's comments.
    The Port Authority also asserts that LaGuardia's on-time 
performance has recently improved, negating the need for a reduction in 
scheduled operations. In particular, the Port Authority points to the 
airport's performance in 2008, which was slightly better than its 
performance in 2007.
    LaGuardia's on-time performance in 2007 was the airport's second 
worst performance in its history, falling only behind 2000, when 
operations at LaGuardia were nearly unconstrained. As a result, a 
modest improvement in 2008, while noteworthy, does not make the airport 
objectively efficient. Indeed, the comments received on the FAA's 
proposal do not bear out the Port Authority's assertion. None of the 
air carrier and passenger interest commenters expressed satisfaction 
with LaGuardia's current performance. To the contrary, such commenters 
uniformly expressed at least general support for the FAA effort to 
improve LaGuardia's operational efficiency through operational 
reductions. Moreover, one air carrier expressed concern that the FAA's 
effort to trim LaGuardia to 71 hourly scheduled operations does not cut 
deeply enough. The FAA is satisfied that its proposal to reduce 
scheduled operations at the airport through the end of the Order is 
appropriate.\3\
---------------------------------------------------------------------------

    \3\ The Port Authority also notes that, in contrast to the FAA's 
proposal, the FAA's 2004 airport benchmark report concluded that 75 
scheduled operations per hour was within an appropriate range for 
LaGuardia. As American Airlines observes in its supplemental 
comments, LaGuardia's performance receded markedly after 2004 before 
improving modestly in 2008.
---------------------------------------------------------------------------

B. The Suggested Variations on the FAA's Proposal Would Have 
Undesirable Consequences

    Three air carrier commenters--Delta Air Lines, U.S. Airways, and 
Midwest Airlines--contend that adjustments to the FAA's proposal might 
generate additional operational reductions. Among the alternatives, one 
or more of these carriers suggest a temporary waiver of the Order's 
use-or-lose provisions for the duration of the Order. They also suggest 
that the FAA state that it could return the Operating Authorizations to 
the air carrier that surrenders it at or before the conclusion of the 
Order.
    The FAA has rarely afforded air carriers a temporary waiver of the 
use-or-lose requirements associated with the operating authority at 
capacity-constrained airports. The rare instances have typically 
resulted from unpredictable circumstances that make it unreasonable to 
expect usage at or above the minimum 80% threshold. The problem with 
such a program in the present context is that there is no simple way to 
limit its effect with any precision. In an environment in which many 
air carriers may be interested in initiating service at LaGuardia, the 
most problematic result could be an underutilization of the existing 
airport capacity coupled with an inability to permit new entrant 
service. This result, too, would be an inefficient use of airport 
capacity and perhaps the only result that would be worse than 
overutilization.
    The suggestion that the FAA should promise to return the 
surrendered Operating Authorization to the surrendering air carriers is 
equally problematic. Most or all the air carrier and passenger interest 
commenters recognize that a reduction in the hourly cap at LaGuardia is 
necessary to reduce congestion-related delay. The airport's delay 
statistics reflect that it is significantly overscheduled, and the air 
carriers would ideally participate proportionally in correcting the 
situation without any promise of future enrichment. If the FAA must 
force reductions in service at a later date, it will do so; however, it 
would be disingenuous at this point to permit an impression that 
LaGuardia will soon return to 75 scheduled operations per hour.
    Delta Air Lines also suggests that, in lieu of the proposed 
reduction in scheduled operations, the FAA should make further 
reductions in the hourly operations of unscheduled operations. The FAA 
recently halved, from 6 to 3, the number of hourly Operating 
Authorizations available for unscheduled operations at LaGuardia during 
peak hours.\4\ We do not agree that a further reduction in unscheduled 
operations is appropriate at this time.
---------------------------------------------------------------------------

    \4\ 73 FR 48,428 (Aug. 19, 2008).
---------------------------------------------------------------------------

C. The FAA Anticipates That Any Voluntary Reductions Under the Order 
Could Be Credited Toward a Future, Required Schedule Reduction at 
LaGuardia

    American Airlines proposes that the FAA should credit an air 
carrier with any voluntary reductions the carrier makes in its 
scheduled operations in the event that a future mandatory schedule 
reduction at LaGuardia is necessary. Delta Air Lines opposes the 
suggestion.
    The final rule related to scheduled operations at LaGuardia, which 
is currently stayed pending judicial review, called for a reduction in 
scheduled operations at LaGuardia to 71 per hour. If the relevant 
portion of the final rule ultimately goes into effect, the FAA's 
proposal to amend the Order noted that the rule would draw such 
reductions from each air carrier's base of operations at LaGuardia 
during the week of September 28, 2008. This provision of the rule would 
effectively restore the operations voluntarily discontinued under this 
amendment for the purpose of the withdrawal required by the October 10, 
2008, final rule.
    In the event that the portion of the October 10 rule reducing 
scheduled operations at LaGuardia does not go into effect, however, it 
remains possible that the FAA will further extend the duration of this 
Order and propose a mandatory mechanism to reduce the hourly scheduled 
operations at LaGuardia. Should mandatory operational reductions occur 
under a future amendment to this Order, any air carrier that 
voluntarily reduces its scheduled operations under this amendment to 
the Order will receive credit for the voluntary reductions that it 
takes now. Should a future reduction in LaGuardia's scheduled 
operations take place under a new rulemaking action, the FAA also 
anticipates that credit for an air carrier's current, voluntary 
schedule reductions would be afforded there, as well. The FAA 
recognizes that to do otherwise would tend to discourage air carriers 
from voluntarily contributing to an undertaking that the air carrier 
commenters agree will bring a needed improvement to the efficient 
operation of the airport.

III. The Final Amendment

    The FAA is amending paragraph A.1 of the Order's ordering language 
to reflect that 71 hourly Operating Authorizations are available for 
scheduled service during the specified peak operating hours at 
LaGuardia. In order to move from the current level of scheduled service 
toward the reduced level, the FAA will accept from air carriers 
voluntary reductions in scheduled service at LaGuardia. We will retire 
the surrendered Operating Authorizations we receive until we attain the 
new average hourly rate of scheduled service. To preserve antitrust 
principles during the voluntary reduction process, a carrier's 
identification of Operating Authorizations for voluntary reduction may 
not be contingent on specific flight reductions made by other carriers.
    As we originally proposed, if there is a reduction in scheduled 
service below an average of 71 hourly operations, the FAA may elect to 
reallocate Operating Authorizations in order to maintain an

[[Page 2648]]

hourly average of 71 scheduled operations. In reaching and maintaining 
this level, the FAA will retire Operating Authorizations in the order 
in which the air carriers' commitments to reduce service are received 
and will notify an air carrier if any Operating Authorization that it 
is voluntarily offering to relinquish could be subject to reallocation. 
The FAA also notes that paragraphs A.6 and A.7 of the ordering 
paragraphs related to minimum usage requirements and the associated 
reallocation principles continue to apply to all Operating 
Authorizations that are not surrendered to the FAA and retired.
    In order to receive credit for the voluntary reduction in the 
future, an air carrier must present its offer to reduce scheduled 
service at LaGuardia no later than February 2, 2009. If an air carrier 
wishes to offer a voluntary reduction in scheduled service at 
LaGuardia, an authorized representative of the carrier must contact the 
individual identified in the FOR FURTHER INFORMATION CONTACT section of 
this document. In addition, air carriers must return all voluntarily 
surrendered Operating Authorizations to the FAA no later than May 31, 
2009.
    Accordingly, paragraph A.1 of the FAA's December 27, 2006 order 
limiting operations at LaGuardia, as previously amended, is amended as 
follows:
    1. The final Order governs scheduled arrivals and departures, 
except helicopters, 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. Seventy-one (71) Operating Authorizations are 
available per hour and will be assigned by the FAA on a 30-minute 
basis. The FAA will permit additional, existing operations above this 
threshold; however, the FAA will retire Operating Authorizations that 
are surrendered to the FAA, withdrawn for non-use, or unassigned during 
each affected hour until the number of Operating Authorizations in that 
hour reaches seventy-one (71).

    Issued in Washington, DC, on January 12, 2009.
Kerry B. Long,
Chief Counsel, Federal Aviation Administration.
 [FR Doc. E9-817 Filed 1-14-09; 8:45 am]
BILLING CODE 4910-13-P

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