Operating Limitations at John F. Kennedy International Airport, 18620-18622 [2011-7841]
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18620
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices
for the next applicable scheduling
season under paragraph 9.
11. 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Authorization that is withdrawn or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 carrier
from which it was taken, provided that
the carrier continues to operate
scheduled service at EWR.
12. The FAA will enforce this Order
through an enforcement action seeking
a civil penalty under 49 U.S.C. 46301(a).
A carrier that is not a small business as
defined in the Small Business Act, 15
U.S.C. 632, will be liable for a civil
penalty of up to $25,000 for every day
that it violates the limits set forth in this
Order. A carrier that is a small business
as defined in the Small Business Act
will be liable for a civil penalty of up
to $10,000 for every day that it violates
the limits set forth in this Order. The
FAA also could file a civil action in U.S.
District Court, under 49 U.S.C. 46106,
46107, seeking to enjoin any air carrier
from violating the terms of this Order.
13. The FAA may modify or withdraw
any provision in this Order on its own
or on application by any carrier for good
cause shown.
Issued in Washington, DC, on March 28,
2011.
Rebecca B. MacPherson,
Assistant Chief Counsel for Regulations.
[FR Doc. 2011–7845 Filed 4–1–11; 8:45 am]
BILLING CODE 4910–13–P
Airport, John F. Kennedy International
Airport, and Newark Liberty
International Airport becomes effective
but not later than October 26, 2013.
DATES: This amendment is effective on
April 4, 2011.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this
Order contact: Gerry Shakley, System
Operations Services, Air Traffic
Organization, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone: (202) 267–9424; facsimile:
(202) 267–7277; e-mail:
gerry.shakley@faa.gov.
For legal questions concerning this
Order contact: Robert Hawks, Office of
the Chief Counsel, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone: (202) 267–7240; facsimile:
(202) 267–7971; e-mail:
rob.hawks@faa.gov.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
You may obtain an electronic copy
using the Internet by:
(1) Searching the Federal
eRulemaking Portal (https://
www.regulations.gov);
(2) Visiting the FAA’s Regulations and
Policies Web page at https://
www.faa.gov/regulations_policies/; or
(3) Accessing the Government
Printing Office’s Web page at https://
www.gpoaccess.gov/fr/.
You also may obtain a copy by
sending a request to the Federal
Aviation Administration, Office of
Rulemaking, ARM–1, 800 Independence
Avenue, SW., Washington, DC 20591, or
by calling (202) 267–9680. Make sure to
identify the amendment number or
docket number of this rulemaking.
Background
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2007–29320]
Operating Limitations at John F.
Kennedy International Airport
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of Extension to Order.
Emcdonald on DSK2BSOYB1PROD with NOTICES
AGENCY:
This action amends the Order
Limiting Operations at John F. Kennedy
International Airport (JFK) that
published on January 18, 2008, and was
amended on February 14, 2008, and
October 7, 2009. The Order remains
effective until the final Congestion
Management Rule for LaGuardia
SUMMARY:
VerDate Mar<15>2010
18:47 Apr 01, 2011
Jkt 223001
Until recently, most operations at JFK
took place during relatively pronounced
arrival and departure banks
corresponding to the operating windows
of transatlantic flights. The FAA had
limited the number of arrivals and
departures at JFK during the peak
afternoon demand period through the
implementation of the High Density
Rule (HDR).1 By statute enacted in April
2000, the HDR’s applicability to JFK
operations terminated as of January 1,
1 33 FR 17896 (Dec. 3, 1968). The FAA codified
the rules for operating at high density traffic
airports in 14 CFR part 93, subpart K. The HDR
required carriers to hold a reservation, which came
to be known as a ‘‘slot,’’ for each takeoff or landing
under instrument flight rules at the high density
traffic airports.
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
2007.2 Using AIR–21 exemptions and
the HDR phase-out, U.S. air carriers
serving JFK significantly increased their
domestic scheduled operations
throughout the day. This increase in
operations resulted in significant
congestion and delays that negatively
impacted the National Airspace System
(NAS). In January 2008, the FAA placed
temporary limits on scheduled
operations at JFK to mitigate persistent
congestion and delays at the airport.3
With a temporary schedule limit order
in place, the FAA proposed a long-term
rule that would limit the number of
scheduled and unscheduled operations
at JFK.4 On October 10, 2008, the FAA
published the Congestion Management
Rule for John F. Kennedy International
Airport and Newark Liberty
International Airport, which would
have become effective on December 9,
2008.5 That rule was stayed by the U.S.
Court of Appeals for the District of
Columbia Circuit and subsequently
rescinded by the FAA.6 This Order was
further extended on October 7, 2009.7
Under the Order, as amended, the
FAA (1) maintains the current hourly
limits on 81 scheduled operations at JFK
during the peak period; (2) imposes an
80 percent minimum usage requirement
for Operating Authorizations (OAs) with
defined exceptions; (3) provides a
mechanism for withdrawal of OAs for
FAA operational reasons; (4) establishes
procedures to allocate withdrawn,
surrendered, or unallocated OAs; and
(5) allows for trades and leases of OAs
for consideration for the duration of the
Order. Without the operational
limitations imposed by this Order, the
FAA expects severe congestion-related
delays would occur at JFK and at other
airports throughout the NAS.
The FAA is engaged in a rulemaking
effort to implement a long-term
congestion management rule at
LaGuardia Airport (LGA), JFK, and
Newark Liberty International Airport
(EWR). The FAA anticipates publishing
a notice of proposed rulemaking for the
Congestion Management Rule for
LaGuardia Airport, John F. Kennedy
International Airport, and Newark
Liberty International Airport (RIN 2120–
AJ89) during the summer of 2011. To
prevent this Order from expiring prior
2 Aviation Investment and Reform Act for the 21st
Century (AIR–21), Public Law 106–181 (Apr. 5,
2000), 49 U.S.C. 41715(a)(2).
3 73 FR 3512 (Jan. 18, 2008), as amended by 73
FR 8737 (Feb. 14, 2008).
4 73 FR 29626 (May 21, 2008); Docket FAA–2008–
0517.
5 73 FR 60574, amended by 73 FR 66516 (Nov.
10, 2008).
6 74 FR 52134 (Oct. 9, 2009).
7 74 FR 51650.
E:\FR\FM\04APN1.SGM
04APN1
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices
to a final rule becoming effective, the
FAA has concluded it is necessary to
extend the expiration date of this Order
until the final Congestion Management
Rule for LaGuardia Airport, John F.
Kennedy International Airport, and
Newark Liberty International Airport
becomes effective but not later than
October 26, 2013. This expiration date
coincides with the expiration dates for
the Orders limiting scheduled
operations at EWR and LGA, as also
amended by notices in today’s Federal
Register.
Therefore, the FAA finds that notice
and comment procedures under 5 U.S.C.
section 553(b) are impracticable and
contrary to the public interest. The FAA
further finds that good cause exists to
make this Order effective in less than 30
days.
Emcdonald on DSK2BSOYB1PROD with NOTICES
The Amended Order
The Order, as amended, is recited
below in its entirety.
1. This Order assigns operating
authority to conduct an arrival or a
departure at JFK during the affected
hours to the U.S. air carrier or foreign
air carrier identified in the appendix to
this Order. The FAA will not assign
operating authority under this Order to
any person or entity other than a
certificated U.S. or foreign air carrier
with appropriate economic authority
and FAA operating authority under 14
CFR part 121, 129, or 135. This Order
applies to the following:
a. All U.S. air carriers and foreign air
carriers conducting scheduled
operations at JFK as of the date of this
Order, any U.S. air carrier or foreign air
carrier that operates under the same
designator code as such a carrier, and
any air carrier or foreign-flag carrier that
has or enters into a codeshare agreement
with such a carrier.
b. All U.S. air carriers or foreign air
carriers initiating scheduled or regularly
conducted commercial service to JFK
while this Order is in effect.
c. The Chief Counsel of the FAA, in
consultation with the Vice President,
System Operations Services, is the final
decisionmaker for determinations under
this Order.
2. This Order governs scheduled
arrivals and departures at JFK from 6
a.m. through 10:59 p.m., Eastern Time,
Sunday through Saturday.
3. This Order takes effect on March
30, 2008, and will expire when the final
Congestion Management Rule for
LaGuardia Airport, John F. Kennedy
International Airport, and Newark
Liberty International Airport becomes
effective but not later than October 26,
2013.
VerDate Mar<15>2010
18:47 Apr 01, 2011
Jkt 223001
4. Under the authority provided to the
Secretary of Transportation and the
FAA Administrator by 49 U.S.C. 40101,
40103 and 40113, we hereby order that:
a. No U.S. air carrier or foreign air
carrier initiating or conducting
scheduled or regularly conducted
commercial service at JFK may conduct
such operations without an Operating
Authorization assigned by the FAA.
b. Except as provided in the appendix
to this Order, scheduled U.S. air carrier
and foreign air carrier arrivals and
departures will not exceed 81 per hour
from 6 a.m. through 10:59 p.m., Eastern
Time.
c. The Administrator may change the
limits if he determines that capacity
exists to accommodate additional
operations without a significant increase
in delays.
5. For administrative tracking
purposes only, the FAA will assign an
identification number to each Operating
Authorization.
6. A carrier holding an Operating
Authorization may request the
Administrator’s approval to move any
arrival or departure scheduled from 6
a.m. through 10:59 p.m. to another half
hour within that period. Except as
provided in paragraph seven, the carrier
must receive the written approval of the
Administrator, or his delegate, prior to
conducting any scheduled arrival or
departure that is not listed in the
appendix to this Order. All requests to
move an allocated Operating
Authorization must be submitted to the
FAA Slot Administration Office,
facsimile (202) 267–7277 or e-mail 7–
AWA–Slotadmin@faa.gov, and must
come from a designated representative
of the carrier. If the FAA cannot approve
a carrier’s request to move a scheduled
arrival or departure, the carrier may
then apply for a trade in accordance
with paragraph seven.
7. For the duration of this Order, a
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–
AWASlotadmin@faa.gov, and must
come from a designated representative
of each carrier. The FAA must confirm
and approve these transactions in
writing prior to the effective date of the
transaction. The FAA will approve
transfers between carriers under the
same marketing control up to five
business days after the actual operation,
but only to accommodate operational
disruptions that occur on the same day
of the scheduled operation. The FAA’s
approval of a trade or lease does not
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
18621
constitute a commitment by the FAA to
grant the associated historical rights to
any operator in the event that slot
controls continue at JFK after this order
expires.
8. A carrier may not buy, sell, trade,
or transfer an Operating Authorization,
except as described in paragraph seven.
9. Historical rights to Operating
Authorizations and withdrawal of those
rights due to insufficient usage will be
determined on a seasonal basis and in
accordance with the schedule approved
by the FAA prior to the commencement
of the applicable season.
a. For each day of the week that the
FAA has approved an operating
schedule, any Operating Authorization
not used at least 80% of the time over
the time-frame authorized by the FAA
under this paragraph will be withdrawn
by the FAA for the next applicable
season except:
i. The FAA will treat as used any
Operating Authorization held by a
carrier on Thanksgiving Day, the Friday
following Thanksgiving Day, and the
period from December 24 through the
first Saturday in January.
ii. The Administrator of the FAA may
waive the 80% usage requirement in the
event of a highly unusual and
unpredictable condition which is
beyond the control of the carrier and
which affects carrier operations for a
period of five consecutive days or more.
b. Each carrier holding an Operating
Authorization must forward in writing
to the FAA Slot Administration Office a
list of all Operating Authorizations held
by the carrier along with a listing of the
Operating Authorizations and:
i. The dates within each applicable
season it intends to commence and
complete operations.
A. For each winter scheduling season,
the report must be received by the FAA
no later than August 15 during the
preceding summer.
B. For each summer scheduling
season, the report must be received by
the FAA no later than January 15 during
the preceding winter.
ii. The completed operations for each
day of the applicable scheduling season:
A. No later than September 1 for the
summer scheduling season.
B. No later than January 15 for the
winter scheduling season.
iii. The completed operations for each
day of the scheduling season within 30
days after the last day of the applicable
scheduling season.
10. In the event that a carrier
surrenders to the FAA any Operating
Authorization assigned to it under this
Order or if there are unallocated
Operating Authorizations, the FAA will
determine whether the Operating
E:\FR\FM\04APN1.SGM
04APN1
18622
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices
Authorizations should be reallocated.
The FAA may temporarily allocate an
Operating Authorization at its
discretion. Such temporary allocations
will not be entitled to historical status
for the next applicable scheduling
season under paragraph 9.
11. 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 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 March 28,
2011.
Rebecca B. MacPherson,
Assistant Chief Counsel for Regulations.
[FR Doc. 2011–7841 Filed 4–1–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Aviation Administration
Notice of Intent To Rule on Request To
Release Airport Property at the Helena
Regional Airport, Helena, MT
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
AGENCY:
Notice of request to release
airport property.
ACTION:
VerDate Mar<15>2010
18:47 Apr 01, 2011
Jkt 223001
The FAA proposes to rule and
invite public comment on the release of
land at Helena Regional Airport (HLN)
under the provisions of Section 125 of
the Wendell H. Ford Aviation
Investment Reform Act for the 21st
Century (AIR 21), now 49 U.S.C.
47107(h)(2).
SUMMARY:
Comments must be received on
or before May 4, 2011.
ADDRESSES: Comments on this
application may be mailed or delivered
to the FAA at the following address: Mr.
David S. Stelling, Manager, Federal
Aviation Administration, Northwest
Mountain Region, Airports Division,
Helena Airports District Office, 2725
Skyway Drive, Suite 2, Helena, Montana
59602.
In addition, one copy of any
comments submitted to the FAA must
be mailed or delivered to Mr. Ronald
Mercer, Airport Director, Helena
Regional Airport Authority (HRAA), at
the following address: Mr. Ronald
Mercer, Airport Director, Helena
Regional Airport Authority, 2850
Skyway Drive, Helena, Montana 59602.
FOR FURTHER INFORMATION CONTACT: Mr.
Gary Gates, Airport Planner/Engineer,
Federal Aviation Administration,
Northwest Mountain Region, Airports
Division, Helena Airports District
Office, 2725 Skyway Drive, Suite 2,
Helena, Montana 59602.
The request to release property may
be reviewed, by appointment, in person
at this same location.
SUPPLEMENTARY INFORMATION: The FAA
invites public comment on the request
to release property at HLN under the
provisions of the AIR 21 (49 U.S.C.
47107(h)(2)).
On March 24, 2011 the FAA
determined that the March 23, 2011
request submitted by HRAA to release
property at HLN meets the procedural
requirements of the FAA. The FAA may
approve the request, in whole or in part,
no later than May 4, 2011.
The following is a brief overview of
the request:
HRAA is proposing the release of
approximately 1,699 square feet of nonaeronautical airport property at HLN to
the State of Montana Department of
Transportation, to be used as right-ofway for the north traffic exit lane on
Interstate Highway 15 at the Custer
Avenue interchange in Helena,
Montana. The interchange is expected to
be constructed in 2011 and 2012 and
will provide improved access to HLN
and the community.
Any person may inspect, by
appointment, the request in person at
the FAA office listed above under the
DATES:
PO 00000
Frm 00113
Fmt 4703
Sfmt 4703
heading: FOR FURTHER INFORMATION
CONTACT.
In addition, any person may, upon
appointment and request, inspect the
application, notice and other documents
germane to the application in person at
Airport Administration Office, Helena
Regional Airport, Helena, Montana.
Issued in Helena, Montana, on March 25,
2011.
David S. Stelling,
Manager, Helena Airports District Office.
[FR Doc. 2011–7834 Filed 4–1–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Submission Deadline for
Schedule Information for O’Hare
International Airport, John F. Kennedy
International Airport, and Newark
Liberty International Airport for the
Winter 2011–2012 Scheduling Season
Department of Transportation,
Federal Aviation Administration (FAA).
ACTION: Notice of submission deadline.
AGENCY:
Under this notice, the FAA
announces the submission deadline of
May 19, 2011, for Winter 2011–2012
flight schedules at Chicago’s O’Hare
International Airport (ORD), New York’s
John F. Kennedy International Airport
(JFK), and Newark Liberty International
Airport (EWR) in accordance with the
International Air Transport Association
(IATA) Worldwide Scheduling
Guidelines. The deadline coincides with
the schedule submission deadline for
the IATA Schedules Conference for the
Winter 2011–2012 scheduling season.
DATES: Schedules must be submitted no
later than May 19, 2011.
ADDRESSES: Schedules may be
submitted by mail to the Slot
Administration Office, AGC–200, Office
of the Chief Counsel, 800 Independence
Ave., SW., Washington, DC 20591;
facsimile: 202–267–7277; or by e-mail
to: 7-AWA-slotadmin@faa.gov.
FOR FURTHER INFORMATION CONTACT:
Robert Hawks, Office of the Chief
Counsel, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone number: 202–267–7143; fax
number: 202–267–7971; e-mail:
rob.hawks@faa.gov.
SUMMARY:
The FAA
has designated ORD as an IATA Level
2, Schedules Facilitated Airport, and
JFK and EWR as Level 3, Coordinated
Airports. Scheduled operations at JFK
and EWR are limited by the FAA
SUPPLEMENTARY INFORMATION:
E:\FR\FM\04APN1.SGM
04APN1
Agencies
[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Notices]
[Pages 18620-18622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7841]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2007-29320]
Operating Limitations at John F. Kennedy International Airport
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of Extension to Order.
-----------------------------------------------------------------------
SUMMARY: This action amends the Order Limiting Operations at John F.
Kennedy International Airport (JFK) that published on January 18, 2008,
and was amended on February 14, 2008, and October 7, 2009. The Order
remains effective until the final Congestion Management Rule for
LaGuardia Airport, John F. Kennedy International Airport, and Newark
Liberty International Airport becomes effective but not later than
October 26, 2013.
DATES: This amendment is effective on April 4, 2011.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this Order contact: Gerry Shakley, System Operations Services, Air
Traffic Organization, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591; telephone: (202) 267-9424;
facsimile: (202) 267-7277; e-mail: gerry.shakley@faa.gov.
For legal questions concerning this Order contact: Robert Hawks,
Office of the Chief Counsel, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
7240; facsimile: (202) 267-7971; e-mail: rob.hawks@faa.gov.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
You may obtain an electronic copy using the Internet by:
(1) Searching the Federal eRulemaking Portal (https://www.regulations.gov);
(2) Visiting the FAA's Regulations and Policies Web page at https://www.faa.gov/regulations_policies/; or
(3) Accessing the Government Printing Office's Web page at https://www.gpoaccess.gov/fr/.
You also may obtain a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment number or docket number of this
rulemaking.
Background
Until recently, most operations at JFK took place during relatively
pronounced arrival and departure banks corresponding to the operating
windows of transatlantic flights. The FAA had limited the number of
arrivals and departures at JFK during the peak afternoon demand period
through the implementation of the High Density Rule (HDR).\1\ By
statute enacted in April 2000, the HDR's applicability to JFK
operations terminated as of January 1, 2007.\2\ Using AIR-21 exemptions
and the HDR phase-out, U.S. air carriers serving JFK significantly
increased their domestic scheduled operations throughout the day. This
increase in operations resulted in significant congestion and delays
that negatively impacted the National Airspace System (NAS). In January
2008, the FAA placed temporary limits on scheduled operations at JFK to
mitigate persistent congestion and delays at the airport.\3\ With a
temporary schedule limit order in place, the FAA proposed a long-term
rule that would limit the number of scheduled and unscheduled
operations at JFK.\4\ On October 10, 2008, the FAA published the
Congestion Management Rule for John F. Kennedy International Airport
and Newark Liberty International Airport, which would have become
effective on December 9, 2008.\5\ That rule was stayed by the U.S.
Court of Appeals for the District of Columbia Circuit and subsequently
rescinded by the FAA.\6\ This Order was further extended on October 7,
2009.\7\
---------------------------------------------------------------------------
\1\ 33 FR 17896 (Dec. 3, 1968). The FAA codified the rules for
operating at high density traffic airports in 14 CFR part 93,
subpart K. The HDR required carriers to hold a reservation, which
came to be known as a ``slot,'' for each takeoff or landing under
instrument flight rules at the high density traffic airports.
\2\ Aviation Investment and Reform Act for the 21st Century
(AIR-21), Public Law 106-181 (Apr. 5, 2000), 49 U.S.C. 41715(a)(2).
\3\ 73 FR 3512 (Jan. 18, 2008), as amended by 73 FR 8737 (Feb.
14, 2008).
\4\ 73 FR 29626 (May 21, 2008); Docket FAA-2008-0517.
\5\ 73 FR 60574, amended by 73 FR 66516 (Nov. 10, 2008).
\6\ 74 FR 52134 (Oct. 9, 2009).
\7\ 74 FR 51650.
---------------------------------------------------------------------------
Under the Order, as amended, the FAA (1) maintains the current
hourly limits on 81 scheduled operations at JFK during the peak period;
(2) imposes an 80 percent minimum usage requirement for Operating
Authorizations (OAs) with defined exceptions; (3) provides a mechanism
for withdrawal of OAs for FAA operational reasons; (4) establishes
procedures to allocate withdrawn, surrendered, or unallocated OAs; and
(5) allows for trades and leases of OAs for consideration for the
duration of the Order. Without the operational limitations imposed by
this Order, the FAA expects severe congestion-related delays would
occur at JFK and at other airports throughout the NAS.
The FAA is engaged in a rulemaking effort to implement a long-term
congestion management rule at LaGuardia Airport (LGA), JFK, and Newark
Liberty International Airport (EWR). The FAA anticipates publishing a
notice of proposed rulemaking for the Congestion Management Rule for
LaGuardia Airport, John F. Kennedy International Airport, and Newark
Liberty International Airport (RIN 2120-AJ89) during the summer of
2011. To prevent this Order from expiring prior
[[Page 18621]]
to a final rule becoming effective, the FAA has concluded it is
necessary to extend the expiration date of this Order until the final
Congestion Management Rule for LaGuardia Airport, John F. Kennedy
International Airport, and Newark Liberty International Airport becomes
effective but not later than October 26, 2013. This expiration date
coincides with the expiration dates for the Orders limiting scheduled
operations at EWR and LGA, as also amended by notices in today's
Federal Register.
Therefore, the FAA finds that notice and comment procedures under 5
U.S.C. section 553(b) are impracticable and contrary to the public
interest. The FAA further finds that good cause exists to make this
Order effective in less than 30 days.
The Amended Order
The Order, as amended, is recited below in its entirety.
1. This Order assigns operating authority to conduct an arrival or
a departure at JFK during the affected hours to the U.S. air carrier or
foreign air carrier identified in the appendix to this Order. The FAA
will not assign operating authority under this Order to any person or
entity other than a certificated U.S. or foreign air carrier with
appropriate economic authority and FAA operating authority under 14 CFR
part 121, 129, or 135. This Order applies to the following:
a. All U.S. air carriers and foreign air carriers conducting
scheduled operations at JFK as of the date of this Order, any U.S. air
carrier or foreign air carrier that operates under the same designator
code as such a carrier, and any air carrier or foreign-flag carrier
that has or enters into a codeshare agreement with such a carrier.
b. All U.S. air carriers or foreign air carriers initiating
scheduled or regularly conducted commercial service to JFK while this
Order is in effect.
c. The Chief Counsel of the FAA, in consultation with the Vice
President, System Operations Services, is the final decisionmaker for
determinations under this Order.
2. This Order governs scheduled arrivals and departures at JFK from
6 a.m. through 10:59 p.m., Eastern Time, Sunday through Saturday.
3. This Order takes effect on March 30, 2008, and will expire when
the final Congestion Management Rule for LaGuardia Airport, John F.
Kennedy International Airport, and Newark Liberty International Airport
becomes effective but not later than October 26, 2013.
4. Under the authority provided to the Secretary of Transportation
and the FAA Administrator by 49 U.S.C. 40101, 40103 and 40113, we
hereby order that:
a. No U.S. air carrier or foreign air carrier initiating or
conducting scheduled or regularly conducted commercial service at JFK
may conduct such operations without an Operating Authorization assigned
by the FAA.
b. Except as provided in the appendix to this Order, scheduled U.S.
air carrier and foreign air carrier arrivals and departures will not
exceed 81 per hour from 6 a.m. through 10:59 p.m., Eastern Time.
c. The Administrator may change the limits if he determines that
capacity exists to accommodate additional operations without a
significant increase in delays.
5. For administrative tracking purposes only, the FAA will assign
an identification number to each Operating Authorization.
6. A carrier holding an Operating Authorization may request the
Administrator's approval to move any arrival or departure scheduled
from 6 a.m. through 10:59 p.m. to another half hour within that period.
Except as provided in paragraph seven, the carrier must receive the
written approval of the Administrator, or his delegate, prior to
conducting any scheduled arrival or departure that is not listed in the
appendix to this Order. All requests to move an allocated Operating
Authorization must be submitted to the FAA Slot Administration Office,
facsimile (202) 267-7277 or e-mail 7-AWA-Slotadmin@faa.gov, and must
come from a designated representative of the carrier. If the FAA cannot
approve a carrier's request to move a scheduled arrival or departure,
the carrier may then apply for a trade in accordance with paragraph
seven.
7. For the duration of this Order, a 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-AWASlotadmin@faa.gov, and must come from a
designated representative of each carrier. The FAA must confirm and
approve these transactions in writing prior to the effective date of
the transaction. The FAA will approve transfers between carriers under
the same marketing control up to five business days after the actual
operation, but only to accommodate operational disruptions that occur
on the same day of the scheduled operation. 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 JFK after this order expires.
8. A carrier may not buy, sell, trade, or transfer an Operating
Authorization, except as described in paragraph seven.
9. Historical rights to Operating Authorizations and withdrawal of
those rights due to insufficient usage will be determined on a seasonal
basis and in accordance with the schedule approved by the FAA prior to
the commencement of the applicable season.
a. For each day of the week that the FAA has approved an operating
schedule, any Operating Authorization not used at least 80% of the time
over the time-frame authorized by the FAA under this paragraph will be
withdrawn by the FAA for the next applicable season except:
i. The FAA will treat as used any Operating Authorization held by a
carrier on Thanksgiving Day, the Friday following Thanksgiving Day, and
the period from December 24 through the first Saturday in January.
ii. The Administrator of the FAA may waive the 80% usage
requirement in the event of a highly unusual and unpredictable
condition which is beyond the control of the carrier and which affects
carrier operations for a period of five consecutive days or more.
b. Each carrier holding an Operating Authorization must forward in
writing to the FAA Slot Administration Office a list of all Operating
Authorizations held by the carrier along with a listing of the
Operating Authorizations and:
i. The dates within each applicable season it intends to commence
and complete operations.
A. For each winter scheduling season, the report must be received
by the FAA no later than August 15 during the preceding summer.
B. For each summer scheduling season, the report must be received
by the FAA no later than January 15 during the preceding winter.
ii. The completed operations for each day of the applicable
scheduling season:
A. No later than September 1 for the summer scheduling season.
B. No later than January 15 for the winter scheduling season.
iii. The completed operations for each day of the scheduling season
within 30 days after the last day of the applicable scheduling season.
10. In the event that a carrier surrenders to the FAA any Operating
Authorization assigned to it under this Order or if there are
unallocated Operating Authorizations, the FAA will determine whether
the Operating
[[Page 18622]]
Authorizations should be reallocated. The FAA may temporarily allocate
an Operating Authorization at its discretion. Such temporary
allocations will not be entitled to historical status for the next
applicable scheduling season under paragraph 9.
11. 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
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 March 28, 2011.
Rebecca B. MacPherson,
Assistant Chief Counsel for Regulations.
[FR Doc. 2011-7841 Filed 4-1-11; 8:45 am]
BILLING CODE 4910-13-P