Operating Limitations at Newark Liberty International Airport, 18618-18620 [2011-7845]
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18618
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices
4. Three (3) reservations are available
per hour for unscheduled operations at
LaGuardia. The ARO will assign
reservations on a 30-minute basis.
5. The ARO receives and processes all
reservation requests. Reservations are
assigned on a ‘‘first-come, first-served’’
basis, determined as of the time that the
ARO receives the request. A
cancellation of any reservation that will
not be used as assigned would be
required.
6. Filing a request for a reservation
does not constitute the filing of an
instrument flight rules (IFR) flight plan,
as separately required by regulation.
After the reservation is obtained, an IFR
flight plan can be filed. The IFR flight
plan must include the reservation
number in the ‘‘remarks’’ section.
7. Air Traffic Control will
accommodate declared emergencies
without regard to reservations.
Nonemergency flights in direct support
of national security, law enforcement,
military aircraft operations, or public
use aircraft operations will be
accommodated above the reservation
limits with the prior approval of the
Vice President, System Operations
Services, Air Traffic Organization.
Procedures for obtaining the appropriate
reservation for such flights are available
via the Internet at https://
www.fly.faa.gov/ecvrs.
8. Notwithstanding the limits in
paragraph 4, if the Air Traffic
Organization determines that air traffic
control, weather, and capacity
conditions are favorable and significant
delay is not likely, the FAA can
accommodate additional reservations
over a specific period. Unused operating
authorizations can also be temporarily
made available for unscheduled
operations. Reservations for additional
operations are obtained through the
ARO.
9. Reservations cannot be bought,
sold, or leased.
Issued in Washington, DC on March 28,
2011.
Rebecca B. MacPherson,
Assistant Chief Counsel for Regulations.
[FR Doc. 2011–7843 Filed 4–1–11; 8:45 am]
BILLING CODE 4910–13–P
ACTION:
Notice of Extension to Order.
This action amends the Order
Limiting Operations at Newark Liberty
International Airport (EWR) that
published on May 21, 2008, and was
amended on 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.
SUMMARY:
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
Emcdonald on DSK2BSOYB1PROD with NOTICES
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2008–0221]
Operating Limitations at Newark
Liberty International Airport
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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18:47 Apr 01, 2011
Jkt 223001
Over the past several years, EWR has
grown to be one of the most delay-prone
airports in the country. In 2007, demand
during peak hours approached or
exceeded the average runway capacity,
resulting in significant volume-related
delays. In May 2008, the FAA placed
temporary limits on scheduled
operations at EWR to mitigate persistent
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
congestion and delays at the airport.1
This Order also mitigated FAA’s
concern about a spillover effect
resulting from limiting operations at
John F. Kennedy International Airport
(JFK). 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 EWR.2 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, 2008.3 That rule was stayed
by the U.S. Court of Appeals for the
District of Columbia Circuit and
subsequently rescinded by the FAA.4
This Order was further extended on
October 7, 2009.5
Under the Order, as amended, the
FAA (1) maintains the current hourly
limits on 81 scheduled operations at
EWR 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 EWR and at other
airports throughout the National
Airspace System (NAS).
The FAA is engaged in a rulemaking
effort to implement a long-term
congestion management rule at
LaGuardia Airport (LGA), JFK, and
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
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
1 73 FR 29550 (May 21, 2008), as amended by 74
FR 51648 (Oct. 7, 2009).
2 73 FR 29626 (May 21, 2008); Docket FAA–2008–
0517.
3 73 FR 60574, amended by 73 FR 66516 (Nov.
10, 2008).
4 74 FR 52134 (Oct. 9, 2009).
5 74 FR 51648.
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04APN1
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices
Emcdonald on DSK2BSOYB1PROD with NOTICES
October 26, 2013. This expiration date
coincides with the expiration dates for
the Orders limiting scheduled
operations at JFK 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 EWR 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 EWR 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 EWR
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 EWR from 6
a.m. through 10:59 p.m., Eastern Time,
Sunday through Saturday.
3. This Order takes effect at 6 a.m.,
Eastern Time, on June 20, 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 EWR may
conduct such operations without an
VerDate Mar<15>2010
18:47 Apr 01, 2011
Jkt 223001
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–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. 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 EWR after this
order expires.
8. A carrier may not buy, sell, trade,
or transfer an Operating Authorization,
except as described in paragraph seven.
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Frm 00110
Fmt 4703
Sfmt 4703
18619
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 period 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 and for each Operating
Authorization, along with a listing of
the Operating Authorizations and:
i. The dates within each applicable
season on which it intends to
commence and to cease scheduled
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. A final report of 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
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
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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
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Agencies
[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Notices]
[Pages 18618-18620]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7845]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2008-0221]
Operating Limitations at Newark Liberty International Airport
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of Extension to Order.
-----------------------------------------------------------------------
SUMMARY: This action amends the Order Limiting Operations at Newark
Liberty International Airport (EWR) that published on May 21, 2008, and
was amended on 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
Over the past several years, EWR has grown to be one of the most
delay-prone airports in the country. In 2007, demand during peak hours
approached or exceeded the average runway capacity, resulting in
significant volume-related delays. In May 2008, the FAA placed
temporary limits on scheduled operations at EWR to mitigate persistent
congestion and delays at the airport.\1\ This Order also mitigated
FAA's concern about a spillover effect resulting from limiting
operations at John F. Kennedy International Airport (JFK). 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 EWR.\2\ 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.\3\ That rule was stayed by the U.S.
Court of Appeals for the District of Columbia Circuit and subsequently
rescinded by the FAA.\4\ This Order was further extended on October 7,
2009.\5\
---------------------------------------------------------------------------
\1\ 73 FR 29550 (May 21, 2008), as amended by 74 FR 51648 (Oct.
7, 2009).
\2\ 73 FR 29626 (May 21, 2008); Docket FAA-2008-0517.
\3\ 73 FR 60574, amended by 73 FR 66516 (Nov. 10, 2008).
\4\ 74 FR 52134 (Oct. 9, 2009).
\5\ 74 FR 51648.
---------------------------------------------------------------------------
Under the Order, as amended, the FAA (1) maintains the current
hourly limits on 81 scheduled operations at EWR 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 EWR and at other airports throughout the National Airspace
System (NAS).
The FAA is engaged in a rulemaking effort to implement a long-term
congestion management rule at LaGuardia Airport (LGA), JFK, and 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 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
[[Page 18619]]
October 26, 2013. This expiration date coincides with the expiration
dates for the Orders limiting scheduled operations at JFK 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 EWR 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 EWR 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 EWR 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 EWR from
6 a.m. through 10:59 p.m., Eastern Time, Sunday through Saturday.
3. This Order takes effect at 6 a.m., Eastern Time, on June 20,
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 EWR
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-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. 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 EWR 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 period 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 and for each Operating
Authorization, along with a listing of the Operating Authorizations
and:
i. The dates within each applicable season on which it intends to
commence and to cease scheduled 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. A final report of 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 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
[[Page 18620]]
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