Operating Limitations at LaGuardia Airport, 51653-51655 [E9-24120]
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Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices
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Authorization that is withdrawn or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 JFK.
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 October 1,
2009.
J. Randolph Babbitt,
Administrator, Federal Aviation
Administration.
[FR Doc. E9–24121 Filed 10–2–09; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2006–25755]
Operating Limitations at LaGuardia
Airport
ACTION: Notice of Order Extending the
Limitations on Operations at LaGuardia
Airport.
erowe on DSK5CLS3C1PROD with NOTICES
SUMMARY: The FAA is amending the
December 13, 2006, order limiting the
number of operations at LaGuardia
Airport (LGA) during peak operating
hours, as amended (December 2006
order).1 The current amendment
15:25 Oct 06, 2009
Jkt 220001
I. Background
On June 17, 2009, the FAA published
a notice that invited comments on its
proposal to extend the December 2006
order limiting operations at LGA.2 At
the time, the December 2006 order was
scheduled to expire on October 24,
2009. For the reasons described in the
notice, it was unrealistic to expect a
long-term rule to take effect and control
the significant congestion-related delays
that the FAA anticipated would occur at
LGA if the December 2006 order were to
expire as originally scheduled. Given
the current uncertainty over when a
final rule would take effect and the
impending expiration of the December
2006 order, the FAA proposed to extend
the December 2006 order for
approximately one year.
The FAA expected the one-year
extension to serve as at least a partial
bridge to the implementation of a longterm measure to control congestion and
related delays at LGA. The FAA
received written submissions on the
proposal from five commenters. The
commenters include two scheduled
carriers, two industry organizations, and
the airport operator.
II. Summary and Analysis of the
Comments
1 Operating Limitations at New York LaGuardia
Airport, 71 FR 77,854 (Dec. 27, 2006); 72 FR 63,224
(Nov. 8, 2007) ( transfer, minimum usage, and
withdrawal amendments); 72 FR 48,428 (Aug. 19,
2008) (reducing the reservations available for
unscheduled operations); 74 FR 845 (Jan. 8, 2009)
(extending the expiration date of the December
2006 order until October 24, 2009); 74 FR 2,646
(Jan. 15, 2009) (reducing the peak-hour cap on
scheduled operations to 71).
VerDate Nov<24>2008
extends the December 2006 order by
approximately two years, through
October 29, 2011.
If you wish to review the background
documents or comments received in this
proceeding, 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., Monday through
Friday, except Federal holidays.
DATES: These amendments to the
December 2006 order are effective
immediately upon publication in the
Federal Register.
FOR FURTHER INFORMATION CONTACT:
James W. Tegtmeier, Associate Chief
Counsel for the Air Traffic Organization;
telephone—(202) 267–8323; e-mail—
james.tegtmeier@faa.gov.
SUPPLEMENTARY INFORMATION:
A. Amended Duration
Four of the five commenters express
support for an extension of the
December 2006 order to prevent a return
of the congestion-related delays that
passengers previously experienced at
2 74
PO 00000
FR 28,772.
Frm 00104
Fmt 4703
Sfmt 4703
51653
LGA. Although the FAA proposed an
extension of about one year, two of the
commenters state that an extension of
longer than one year is appropriate.
These commenters assert that one year
is not sufficient time to finalize and to
implement a new rule to manage
congestion at the airport.
The FAA proposed a one-year
extension of the December 2006 order
because the FAA never intended the
order to serve as a long-term solution to
congestion at LGA. From this
perspective, using the minimum
number of short-term extensions would
offer the benefit of regular and public
status reports on where the FAA stands
in establishing a longer-term solution to
overscheduling at LGA. As the
commenters note, however, such shortterm extensions may not best facilitate
the long-term planning of some carriers
that conduct, or hope to conduct,
service at the airport. Accordingly,
while the FAA does not agree that an
indefinite extension is appropriate, the
FAA will increase the duration of the
present extension to about two years to
accommodate carriers’ longer term
planning. The December 2006 order will
now expire on October 29, 2011.
B. Buy and Sell Authority
In light of the increased duration of
the December 2006 order, three
commenters question the ban on the
purchase, sale, or long-term lease of the
Operating Authorizations held by virtue
of the original order. The commenters
reason that the FAA included the ban as
a result of the December 2006 order’s
intended short duration. The
commenters perceive that extending the
order increases the importance of a
market mechanism that permits the sale
and purchase of operating authority,
which would facilitate competition and
new entry, as well as leases for such
authority that extend beyond the order’s
expiration date.
The FAA included in the December
2006 order the ability of carriers to trade
or to lease Operating Authorizations to
other carriers; however, the duration of
the trade or lease could not exceed the
duration of the order.3 The commenters
claim that relying on short-term trades
and leases alone may become limiting as
the December 2006 order remains
effective over a significantly longer
term. The proposed extension of the
December 2006 order, however,
specifically limited the comments to the
proposed extension.4 The FAA intends
3 72
FR at 63,227 (ordering paragraph five).
FR at 28,774 (‘‘any submission to the current
docket should be limited to the proposed extension
of the December 2006 order’’).
4 74
E:\FR\FM\07OCN1.SGM
07OCN1
51654
Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices
erowe on DSK5CLS3C1PROD with NOTICES
to address long-term transfers of
Operating Authorizations at some point
in the future.
Accordingly, the ordering paragraphs
of the December 2006 order are hereby
amended as follows:
A. Scheduled Operations
With respect to scheduled operations
at LaGuardia:
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).
2. The final Order takes effect on
January 1, 2007, and will expire on
October 29, 2011.
3. The FAA will assign operating
authority to conduct an arrival or a
departure at LaGuardia during the
affected hours to the air carrier that
holds equivalent slot or slot exemption
authority under the High Density Rule
or FAA slot exemption rules as of
January 1, 2007; to the primary
marketing air carrier in the case of AIR–
21 small hub/nonhub airport slot
exemptions; or to the air carrier
operating the flights as of January 1,
2007, in the case of a slot held by a noncarrier. The FAA will not assign
operating authority under the final
Order to any person or entity other than
a certificated U.S. or foreign air carrier
with appropriate economic authority
under 14 CFR part 121, 129, or 135. The
Chief Counsel of the FAA will be the
final decisionmaker regarding the initial
assignment of Operating Authorizations.
4. For administrative tracking
purposes only, the FAA will assign an
identification number to each Operating
Authorization.
5. For the duration of this order, an
air carrier may enter into a lease or trade
of an Operating Authorization to
another carrier for any consideration.
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
VerDate Nov<24>2008
15:25 Oct 06, 2009
Jkt 220001
writing prior to the effective date of the
transaction. However, the FAA will
approve transfers between carriers
under the same marketing control up to
five business days after the actual
operation. This post-transfer approval is
limited to accommodate operational
disruptions that occur on the same day
of the scheduled operation. The FAA’s
approval of a trade or lease does not
constitute a commitment by the FAA to
grant the associated historical rights to
any operator in the event that slot
controls continue at LGA after the order
expires.
6. Each air 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 along with a listing of the
Operating Authorizations actually
operated for each day of the two-month
reporting period within 14 days after the
last day of the two-month reporting
period beginning January 1 and every
two months thereafter. Any Operating
Authorization not used at least 80
percent of the time over a two-month
period will be withdrawn by the FAA
except:
a. The FAA will treat as used any
Operating Authorization held by an air
carrier on Thanksgiving Day, the Friday
following Thanksgiving Day, and the
period from December 24 through the
first Saturday in January.
b. The FAA will treat as used any
Operating Authorization obtained by an
air carrier through a lottery under
paragraph seven for the first 120 days
after allocation in the lottery.
c. The Administrator of the FAA may
waive the 80 percent usage requirement
in the event of a highly unusual and
unpredictable condition which is
beyond the control of the air carrier and
which affects carrier operations for a
period of five consecutive days or more.
7. In the event that Operating
Authorizations are withdrawn for
nonuse, surrendered to the FAA, or are
unassigned, the FAA will determine
whether any of the available Operating
Authorizations should be reallocated. If
so, the FAA will conduct a lottery using
the provisions specified under 14 CFR
93.225. The FAA may retime an
Operating Authorization prior to
reallocation in order to address
operational needs. When the final Order
expires, any Operating Authorizations
reassigned under this paragraph, except
those assigned to new entrants or
limited incumbents, will revert to the
FAA for reallocation according to the
reallocation mechanism prescribed in
the final rule that succeeds the final
Order.
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
8. If the FAA determines that an
involuntary 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 air
carrier from which it was taken,
provided that the air carrier continues to
operate scheduled service at LaGuardia.
9. The FAA will enforce the final
Order through an enforcement action
seeking a civil penalty under 49 U.S.C.
46301(a). An air carrier that is not a
small business as defined in the Small
Business Act, 15 U.S.C. 632, would be
liable for a civil penalty of up to $25,000
for every day that it violates the limits
set forth in the final Order. An air
carrier that is a small business as
defined in the Small Business Act
would be liable for a civil penalty of up
to $10,000 for every day that it violates
the limits set forth in the final 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 the
final Order.
B. Unscheduled Operations 5
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.
2. The final Order takes effect on
January 1, 2007, and will expire on
October 29, 2011.
3. No person may 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
5 Unscheduled operations are operations other
than those regularly conducted by an air carrier
between LaGuardia and another service point.
Unscheduled operations include general aviation,
public aircraft, military, charter, ferry, and
positioning flights. Helicopter operations are
excluded from the reservation requirement.
Reservations for unscheduled flights operating
under visual flight rules (VFR) are granted when the
aircraft receives clearance from air traffic control to
land at or depart LaGuardia. Reservations for
unscheduled VFR flights are not included in the
limits for unscheduled operators.
E:\FR\FM\07OCN1.SGM
07OCN1
Federal Register / Vol. 74, No. 193 / Wednesday, October 7, 2009 / Notices
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 is 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 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 four, 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 specified 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.
DATES: Comments are due on October
19, 2009.
Issued in Washington, DC, on October 1,
2009.
J. Randolph Babbitt,
Administrator, Federal Aviation
Administration.
[FR Doc. E9–24120 Filed 10–2–09; 11:15 am]
The CPA requires that federal
agencies take ‘‘necessary and
practicable’’ steps to ensure that
privately-owned U.S.-flag vessels
transport at least 50 percent of the gross
tonnage of cargo sponsored under
Federal programs ‘‘(computed
separately for dry bulk carriers, dry
cargo liners, and tankers) * * * to the
extent such vessels are available at fair
and reasonable rates for commercial
vessels of the United States, in a manner
that will ensure a fair and reasonable
participation of commercial vessels of
the United States in those cargoes by
geographic areas.’’ 46 U.S.C. 55305(b).
An additional 25 percent of gross
tonnage of certain food assistance
programs is to be transported in
accordance with the requirements of 46
U.S.C. 55314.
The MOU referenced above, as well as
an accompanying explanatory notice,
were published by MARAD in the
Federal Register on September 15, 2009.
The MOU adopts standards and
procedures to be used to classify the
vessels transporting preference cargo.
This Notice marks the first use of those
standards and procedures. Owners and
operators of the vessels listed below
have submitted applications to selfdesignate their ships as either dry bulk
vessels or as dry cargo liners. Each
vessel has been assigned a separate
docket containing the materials
submitted. Interested persons are
invited to submit comments regarding
these vessels to the appropriate docket
no later than 5 p.m. EDT on October 19,
2009. Commentators are advised to
address their comments to the servicebased criteria listed in the September 15
Federal Register notice that will
determine the ultimate classification of
each vessel.
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
Vessel Self-Designations
AGENCY: U.S. Department of
Transportation, Maritime
Administration.
ACTION: Notice.
SUMMARY: On September 4, 2009, the
United States Department of Agriculture
(USDA), the United States Department
of Transportation’s Maritime
Administration (MARAD), and the
United States Agency for International
Development (USAID) entered into a
Memorandum of Understanding (MOU)
regarding the proper implementation of
the Cargo Preference Act (CPA). That
MOU, inter alia, establishes procedures
and standards by which owners and
operators of oceangoing cargo ships may
seek to designate each of their vessels as
either a dry bulk carrier or a dry cargo
liner, according to specified servicebased criteria. This Notice both
announces that MARAD has received
such self-designation applications for
particular vessels from their owners and
operators, and invites comments
thereon from interested parties. MARAD
will thereafter consider all the
information submitted in support of a
requested self-designation and other
evidence in the record in reaching its
own decision on the appropriate vessel
classification.
Background
APPLICATIONS TO SELF-DESIGNATE
erowe on DSK5CLS3C1PROD with NOTICES
Docket
MARAD–2009–0093
MARAD–2009–0097
MARAD–2009–0094
MARAD–2009–0095
MARAD–2009–0096
MARAD–2009–0098
MARAD–2009–0099
MARAD–2009–0100
MARAD–2009–0101
MARAD–2009–0102
MARAD–2009–0103
MARAD–2009–0104
MARAD–2009–0105
MARAD–2009–0106
VerDate Nov<24>2008
Owner/Operator
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
15:25 Oct 06, 2009
Jkt 220001
51655
Vessel
U.S. United Ocean Serv. .................................
U.S. United Ocean Serv. .................................
Liberty Maritime Corp ......................................
Liberty Maritime Corp ......................................
Liberty Maritime Corp ......................................
APL Maritime Limited .......................................
APL Maritime Limited .......................................
APL Maritime Limited .......................................
APL Maritime Limited .......................................
APL Maritime Limited .......................................
APL Maritime Limited .......................................
APL Maritime Limited .......................................
APL Maritime Limited .......................................
APL Maritime Limited .......................................
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
M/VSheila McDevitt.
M/VMary Ann Hudson.
M/VLiberty Eagle.
M/VLiberty Glory.
M/VLiberty Grace.
APL Ireland.
APL New York.
APL Arabia.
APL Virginia.
APL Egypt.
APL Jade.
APL Japan.
APL Pearl.
APL Cyprine.
E:\FR\FM\07OCN1.SGM
07OCN1
]]>Agencies
[Federal Register Volume 74, Number 193 (Wednesday, October 7, 2009)]
[Notices]
[Pages 51653-51655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24120]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2006-25755]
Operating Limitations at LaGuardia Airport
ACTION: Notice of Order Extending the Limitations on Operations at
LaGuardia Airport.
-----------------------------------------------------------------------
SUMMARY: The FAA is amending the December 13, 2006, order limiting the
number of operations at LaGuardia Airport (LGA) during peak operating
hours, as amended (December 2006 order).\1\ The current amendment
extends the December 2006 order by approximately two years, through
October 29, 2011.
---------------------------------------------------------------------------
\1\ Operating Limitations at New York LaGuardia Airport, 71 FR
77,854 (Dec. 27, 2006); 72 FR 63,224 (Nov. 8, 2007) ( transfer,
minimum usage, and withdrawal amendments); 72 FR 48,428 (Aug. 19,
2008) (reducing the reservations available for unscheduled
operations); 74 FR 845 (Jan. 8, 2009) (extending the expiration date
of the December 2006 order until October 24, 2009); 74 FR 2,646
(Jan. 15, 2009) (reducing the peak-hour cap on scheduled operations
to 71).
---------------------------------------------------------------------------
If you wish to review the background documents or comments received
in this proceeding, 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., Monday through Friday, except Federal holidays.
DATES: These amendments to the December 2006 order are effective
immediately upon publication in the Federal Register.
FOR FURTHER INFORMATION CONTACT: James W. Tegtmeier, Associate Chief
Counsel for the Air Traffic Organization; telephone--(202) 267-8323; e-
mail_james.tegtmeier@faa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 17, 2009, the FAA published a notice that invited comments
on its proposal to extend the December 2006 order limiting operations
at LGA.\2\ At the time, the December 2006 order was scheduled to expire
on October 24, 2009. For the reasons described in the notice, it was
unrealistic to expect a long-term rule to take effect and control the
significant congestion-related delays that the FAA anticipated would
occur at LGA if the December 2006 order were to expire as originally
scheduled. Given the current uncertainty over when a final rule would
take effect and the impending expiration of the December 2006 order,
the FAA proposed to extend the December 2006 order for approximately
one year.
---------------------------------------------------------------------------
\2\ 74 FR 28,772.
---------------------------------------------------------------------------
The FAA expected the one-year extension to serve as at least a
partial bridge to the implementation of a long-term measure to control
congestion and related delays at LGA. The FAA received written
submissions on the proposal from five commenters. The commenters
include two scheduled carriers, two industry organizations, and the
airport operator.
II. Summary and Analysis of the Comments
A. Amended Duration
Four of the five commenters express support for an extension of the
December 2006 order to prevent a return of the congestion-related
delays that passengers previously experienced at LGA. Although the FAA
proposed an extension of about one year, two of the commenters state
that an extension of longer than one year is appropriate. These
commenters assert that one year is not sufficient time to finalize and
to implement a new rule to manage congestion at the airport.
The FAA proposed a one-year extension of the December 2006 order
because the FAA never intended the order to serve as a long-term
solution to congestion at LGA. From this perspective, using the minimum
number of short-term extensions would offer the benefit of regular and
public status reports on where the FAA stands in establishing a longer-
term solution to overscheduling at LGA. As the commenters note,
however, such short-term extensions may not best facilitate the long-
term planning of some carriers that conduct, or hope to conduct,
service at the airport. Accordingly, while the FAA does not agree that
an indefinite extension is appropriate, the FAA will increase the
duration of the present extension to about two years to accommodate
carriers' longer term planning. The December 2006 order will now expire
on October 29, 2011.
B. Buy and Sell Authority
In light of the increased duration of the December 2006 order,
three commenters question the ban on the purchase, sale, or long-term
lease of the Operating Authorizations held by virtue of the original
order. The commenters reason that the FAA included the ban as a result
of the December 2006 order's intended short duration. The commenters
perceive that extending the order increases the importance of a market
mechanism that permits the sale and purchase of operating authority,
which would facilitate competition and new entry, as well as leases for
such authority that extend beyond the order's expiration date.
The FAA included in the December 2006 order the ability of carriers
to trade or to lease Operating Authorizations to other carriers;
however, the duration of the trade or lease could not exceed the
duration of the order.\3\ The commenters claim that relying on short-
term trades and leases alone may become limiting as the December 2006
order remains effective over a significantly longer term. The proposed
extension of the December 2006 order, however, specifically limited the
comments to the proposed extension.\4\ The FAA intends
[[Page 51654]]
to address long-term transfers of Operating Authorizations at some
point in the future.
---------------------------------------------------------------------------
\3\ 72 FR at 63,227 (ordering paragraph five).
\4\ 74 FR at 28,774 (``any submission to the current docket
should be limited to the proposed extension of the December 2006
order'').
---------------------------------------------------------------------------
Accordingly, the ordering paragraphs of the December 2006 order are
hereby amended as follows:
A. Scheduled Operations
With respect to scheduled operations at LaGuardia:
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).
2. The final Order takes effect on January 1, 2007, and will expire
on October 29, 2011.
3. The FAA will assign operating authority to conduct an arrival or
a departure at LaGuardia during the affected hours to the air carrier
that holds equivalent slot or slot exemption authority under the High
Density Rule or FAA slot exemption rules as of January 1, 2007; to the
primary marketing air carrier in the case of AIR-21 small hub/nonhub
airport slot exemptions; or to the air carrier operating the flights as
of January 1, 2007, in the case of a slot held by a non-carrier. The
FAA will not assign operating authority under the final Order to any
person or entity other than a certificated U.S. or foreign air carrier
with appropriate economic authority under 14 CFR part 121, 129, or 135.
The Chief Counsel of the FAA will be the final decisionmaker regarding
the initial assignment of Operating Authorizations.
4. For administrative tracking purposes only, the FAA will assign
an identification number to each Operating Authorization.
5. For the duration of this order, an air carrier may enter into a
lease or trade of an Operating Authorization to another carrier for any
consideration. 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. However, the FAA will approve transfers between
carriers under the same marketing control up to five business days
after the actual operation. This post-transfer approval is limited to
accommodate operational disruptions that occur on the same day of the
scheduled operation. The FAA's approval of a trade or lease does not
constitute a commitment by the FAA to grant the associated historical
rights to any operator in the event that slot controls continue at LGA
after the order expires.
6. Each air 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 along with a listing of
the Operating Authorizations actually operated for each day of the two-
month reporting period within 14 days after the last day of the two-
month reporting period beginning January 1 and every two months
thereafter. Any Operating Authorization not used at least 80 percent of
the time over a two-month period will be withdrawn by the FAA except:
a. The FAA will treat as used any Operating Authorization held by
an air carrier on Thanksgiving Day, the Friday following Thanksgiving
Day, and the period from December 24 through the first Saturday in
January.
b. The FAA will treat as used any Operating Authorization obtained
by an air carrier through a lottery under paragraph seven for the first
120 days after allocation in the lottery.
c. The Administrator of the FAA may waive the 80 percent usage
requirement in the event of a highly unusual and unpredictable
condition which is beyond the control of the air carrier and which
affects carrier operations for a period of five consecutive days or
more.
7. In the event that Operating Authorizations are withdrawn for
nonuse, surrendered to the FAA, or are unassigned, the FAA will
determine whether any of the available Operating Authorizations should
be reallocated. If so, the FAA will conduct a lottery using the
provisions specified under 14 CFR 93.225. The FAA may retime an
Operating Authorization prior to reallocation in order to address
operational needs. When the final Order expires, any Operating
Authorizations reassigned under this paragraph, except those assigned
to new entrants or limited incumbents, will revert to the FAA for
reallocation according to the reallocation mechanism prescribed in the
final rule that succeeds the final Order.
8. If the FAA determines that an involuntary 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 air
carrier from which it was taken, provided that the air carrier
continues to operate scheduled service at LaGuardia.
9. The FAA will enforce the final Order through an enforcement
action seeking a civil penalty under 49 U.S.C. 46301(a). An air carrier
that is not a small business as defined in the Small Business Act, 15
U.S.C. 632, would be liable for a civil penalty of up to $25,000 for
every day that it violates the limits set forth in the final Order. An
air carrier that is a small business as defined in the Small Business
Act would be liable for a civil penalty of up to $10,000 for every day
that it violates the limits set forth in the final 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 the final Order.
B. Unscheduled Operations \5\
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\5\ Unscheduled operations are operations other than those
regularly conducted by an air carrier between LaGuardia and another
service point. Unscheduled operations include general aviation,
public aircraft, military, charter, ferry, and positioning flights.
Helicopter operations are excluded from the reservation requirement.
Reservations for unscheduled flights operating under visual flight
rules (VFR) are granted when the aircraft receives clearance from
air traffic control to land at or depart LaGuardia. Reservations for
unscheduled VFR flights are not included in the limits for
unscheduled operators.
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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.
2. The final Order takes effect on January 1, 2007, and will expire
on October 29, 2011.
3. No person may 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
[[Page 51655]]
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 is
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
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 four, 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 specified 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 October 1, 2009.
J. Randolph Babbitt,
Administrator, Federal Aviation Administration.
[FR Doc. E9-24120 Filed 10-2-09; 11:15 am]
BILLING CODE 4910-13-P
