Operating Limitations at Newark Liberty International Airport, 28280-28282 [2013-11489]

Download as PDF 28280 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Notices 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 May 9, 2013. Marc L. Warren, Acting Chief Counsel. [FR Doc. 2013–11490 Filed 5–13–13; 8:45 am] BILLING CODE 4910–13–P 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–2008–0221] mstockstill on DSK4VPTVN1PROD with NOTICES International Airport (EWR) that published on May 21, 2008, and was amended on October 7, 2009, and April 4, 2011. The Order remains effective until the final Rule on Slot Management and Transparency for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport becomes effective but not later than October 24, 2014. DATES: This amendment is effective on May 14, 2013. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this Order contact: Patricia Bynum, Surface Operations Office, Air Traffic Organization, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 385–7073; facsimile: (202) 385–7433; email: patricia.bynum@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) 267–7143; facsimile: (202) 267–7971; email: rob.hawks@faa.gov. Operating Limitations at Newark Liberty International Airport Federal Aviation Administration (FAA), DOT. ACTION: Notice of Extension to Order. AGENCY: This action amends the Order Limiting Operations at Newark Liberty EWR has become 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 SUMMARY: VerDate Mar<15>2010 16:52 May 13, 2013 Jkt 229001 1 73 PO 00000 FR 29550 (May 21, 2008). Frm 00099 Fmt 4703 Sfmt 4703 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 The FAA further extended the May 21, 2008, Order placing temporary limits on scheduled operations at EWR on October 7, 2009,5 and on April 4, 2011.6 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. The reasons for issuing the Order have not changed appreciably since it was implemented. 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 an effort to implement a long-term rule at LaGuardia Airport (LGA), JFK, and EWR. The FAA is developing a notice of proposed rulemaking for Slot Management and Transparency for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport (RIN 2120– AJ89), which currently is under review. At this time, the FAA is unable to predict the date on which that rule would become effective. Accordingly, the FAA has concluded it is necessary to extend the expiration date of this Order until the final Rule on Slot Management and Transparency for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport becomes effective but not later than October 24, 2 73 FR 29626 (May 21, 2008); Docket FAA–2008– 0517. 3 73 FR 60544, amended by 73 FR 66516 (Nov. 10, 2008). 4 74 FR 52134 (Oct. 9, 2009). 5 74 FR 51648. 6 76 FR 18618. E:\FR\FM\14MYN1.SGM 14MYN1 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 2014. 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. No amendments other than the expiration date have been made to this Order. 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 Rule on Slot Management and Transparency for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport becomes effective but not later than October 24, 2014. 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 VerDate Mar<15>2010 16:52 May 13, 2013 Jkt 229001 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 email 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 email 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. PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 28281 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 E:\FR\FM\14MYN1.SGM 14MYN1 28282 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Notices 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 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 May 9, 2013. Marc L. Warren, Acting Chief Counsel. [FR Doc. 2013–11489 Filed 5–13–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highway in California Federal Highway Administration (FHWA), DOT. ACTION: Notice of Limitation on Claims for Judicial Review of Actions by the California Department of Transportation (Caltrans), pursuant to 23 U.S.C. 327, U.S. Army Corps of Engineers (USACE), and U.S. Fish and Wildlife Service (USFWS). mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 16:52 May 13, 2013 Jkt 229001 The FHWA, on behalf of Caltrans, is issuing this notice to announce actions taken by Caltrans, USACE and USFWS that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed State Route 41 Madera Passing Lanes project 0.3 miles north of Road 208 to 2.2 miles north of Road 208 in Madera County, in the State of California. Those actions grant licenses, permits, and approvals for the project. DATES: By this notice, the FHWA, on behalf of Caltrans, is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before October 11, 2013. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: For Caltrans: G. William ‘‘Trais’’ Norris, III, Senior Environmental Planner, California Department of Transportation (Caltrans), 855 ‘‘M’’ Street, Suite 200, Fresno, CA 93721; weekdays 8:00 a.m. to 5:00 p.m. (Pacific time); telephone (559) 445–6447, email: trais.norris@dot.ca.gov. SUPPLEMENTARY INFORMATION: Effective July 1, 2007, the FHWA assigned, and Caltrans assumed environmental responsibilities for this project pursuant to 23 U.S.C. 327. Notice is hereby given that Caltrans has taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the following highway project in the State of California: The State Route 41 Madera Passing Lanes project in Madera County, California. The purpose of the project would reduce delay and avoid traffic backup on State Route 41 by improving traffic operations, reducing traffic congestion, and improving safety on State Route 41. This would be accomplished by adding passing lanes to State Route 41 within the project limits, constructing 8-foot-wide outside shoulders, a 4-foot-wide soft median barrier, and rumble strips on the outside shoulders and the median. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the Environmental Assessment (EA)/ Finding of No Significant Impact (FONSI) for the project, approved on March 5, 2013. The EA/FONSI and other documents are available by contacting Caltrans at the address provided above. The Caltrans EA/FONSI can be viewed and downloaded from the project Web site at: https:// SUMMARY: PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 www.dot.ca.gov/dist6/environmental/ envdocs/d6/. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– 4351]; and Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]. 2. Air: Clean Air Act [42 U.S.C. 7401– 7671(q)]. 3. Land: Landscape and Scenic Enhancement (Wildflowers) [23 U.S.C. 319]. 4. Wetlands and Water Resources: Safe Drinking Water Act [42 U.S.C. 300(f) –300(j)(6)]; and Wetlands Mitigation [23 U.S.C. 103(b)(6)(m) and 133(b)(11)]. 5. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661–667(d)]; and Migratory Bird Treaty Act [16 U.S.C. 703–712]. 6. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.]; Archaeological and Historic Preservation Act [16 U.S.C. 469–469c]; Archaeological Resources Protection Act of 1979 [16 U.S.C. 470aa et seq]; and Native American Graves Protection and Repatriation Act [25 U.S.C. 3001–3013]. 7. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)– 2000(d)(1)]; Farmland Protection Policy Act [7 U.S.C. 4201–4209]; and The Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. 8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601–9675]; Superfund Amendments and Reauthorization Act of 1986; and Resource Conservation and Recovery Act [42 U.S.C. 6901–6992(k)]. 9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O.12898 Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of the Cultural Environment; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; and E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning E:\FR\FM\14MYN1.SGM 14MYN1

Agencies

[Federal Register Volume 78, Number 93 (Tuesday, May 14, 2013)]
[Notices]
[Pages 28280-28282]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11489]


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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.

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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, and April 4, 2011. The Order remains 
effective until the final Rule on Slot Management and Transparency for 
LaGuardia Airport, John F. Kennedy International Airport, and Newark 
Liberty International Airport becomes effective but not later than 
October 24, 2014.

DATES: This amendment is effective on May 14, 2013.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this Order contact: Patricia Bynum, Surface Operations Office, Air 
Traffic Organization, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591; telephone: (202) 385-7073; facsimile: 
(202) 385-7433; email: patricia.bynum@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-
7143; facsimile: (202) 267-7971; email: 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

    EWR has become 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\ The FAA further extended the May 21, 2008, 
Order placing temporary limits on scheduled operations at EWR on 
October 7, 2009,\5\ and on April 4, 2011.\6\
---------------------------------------------------------------------------

    \1\ 73 FR 29550 (May 21, 2008).
    \2\ 73 FR 29626 (May 21, 2008); Docket FAA-2008-0517.
    \3\ 73 FR 60544, amended by 73 FR 66516 (Nov. 10, 2008).
    \4\ 74 FR 52134 (Oct. 9, 2009).
    \5\ 74 FR 51648.
    \6\ 76 FR 18618.
---------------------------------------------------------------------------

    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. The reasons for issuing the Order have not 
changed appreciably since it was implemented. 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 an effort to implement a long-term rule at 
LaGuardia Airport (LGA), JFK, and EWR. The FAA is developing a notice 
of proposed rulemaking for Slot Management and Transparency for 
LaGuardia Airport, John F. Kennedy International Airport, and Newark 
Liberty International Airport (RIN 2120-AJ89), which currently is under 
review. At this time, the FAA is unable to predict the date on which 
that rule would become effective. Accordingly, the FAA has concluded it 
is necessary to extend the expiration date of this Order until the 
final Rule on Slot Management and Transparency for LaGuardia Airport, 
John F. Kennedy International Airport, and Newark Liberty International 
Airport becomes effective but not later than October 24,

[[Page 28281]]

2014. 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. No amendments other than the 
expiration date have been made to this Order.
    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 Rule on Slot Management and 
Transparency for LaGuardia Airport, John F. Kennedy International 
Airport, and Newark Liberty International Airport becomes effective but 
not later than October 24, 2014.
    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 email 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 email 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

[[Page 28282]]

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 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 May 9, 2013.
Marc L. Warren,
Acting Chief Counsel.
[FR Doc. 2013-11489 Filed 5-13-13; 8:45 am]
BILLING CODE 4910-13-P
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