Operating Limitations At New York Laguardia Airport, 17222-17225 [2014-06659]

Download as PDF 17222 Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices SMALL BUSINESS ADMINISTRATION Reporting and Recordkeeping Requirements Under OMB Review AGENCY: ACTION: Curtis B. Rich, Management Analyst. Small Business Administration. The Small Business Administration (SBA) is publishing this notice to comply with requirements of the Paperwork Reduction Act (PRA) (44 U.S.C. Chapter 35), which requires agencies to submit proposed reporting and recordkeeping requirements to OMB for review and approval, and to publish a notice in the Federal Register notifying the public that the agency has made such a submission. This notice also allows an additional 30 days for public comments. SUMMARY: Submit comments on or before April 28, 2014. DATES: Comments should refer to the information collection by name and/ or OMB Control Number and should be sent to: Agency Clearance Officer, Curtis Rich, Small Business Administration, 409 3rd Street SW., 5th Floor, Washington, DC 20416; and SBA Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Curtis Rich, Agency Clearance Officer, (202) 205–7030 curtis.rich@sba.gov. Copies: A copy of the Form OMB 83– 1, supporting statement, and other documents submitted to OMB for review may be obtained from the Agency Clearance Officer. Small Business owners or advocate who have been nominated for an SBA recognition award submit this information for use in evaluating nominees eligibility for an award: Verifying accuracy of information submitted, and determining whether there are any actual or potential conflicts of interest. Awards are presented to winners during the Presidentially declared Small Business Week. SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD with NOTICES Summary of Information Collections (1) Title: Small Business Administration Award Nomination. Description of Respondents: Small Business Owners and Advocates who have been nominated for an SBA recognition award. Form Number: 3300. Estimated Annual Responses: 600. 18:40 Mar 26, 2014 [FR Doc. 2014–06793 Filed 3–26–14; 8:45 am] BILLING CODE 8025–01–P 30-Day Notice. VerDate Mar<15>2010 Estimated Annual Hour Burden: 1,200. Jkt 232001 SMALL BUSINESS ADMINISTRATION Reporting and Recordkeeping Requirements Under OMB Review Small Business Administration. ACTION: 30-Day Notice AGENCY: The Small Business Administration (SBA) is publishing this notice to comply with requirements of the Paperwork Reduction Act (PRA) (44 U.S.C. Chapter 35), which requires agencies to submit proposed reporting and recordkeeping requirements to OMB for review and approval, and to publish a notice in the Federal Register notifying the public that the agency has made such a submission. This notice also allows an additional 30 days for public comments. DATES: Submit comments on or before April 28, 2014. ADDRESSES: Comments should refer to the information collection by name and/ or OMB Control Number and should be sent to: Agency Clearance Officer, Curtis Rich, Small Business Administration, 409 3rd Street SW., 5th Floor, Washington, DC 20416; and SBA Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Curtis Rich, Agency Clearance Officer, (202) 205–7030 curtis.rich@sba.gov. Copies: A copy of the Form OMB 83– 1, supporting statement, and other documents submitted to OMB for review may be obtained from the Agency Clearance Officer. SUPPLEMENTARY INFORMATION: To obtain the information needed to carry out its oversight responsibilities under the Small Business Investment Act, the Small Business Administration (SBA) requires Small Business Investment Companies (SBICs) to submit financial statements and supplementary information on SBA Form 468. SBA uses this information to monitor SBIC financial condition and regulatory compliance, for credit analysis when considering SBIC leverage applications, and to evaluate financial risk and economic impact for individual SBICs and the program as a whole. SUMMARY: PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 Solicitation of Public Comments Comments may be submitted on (a) whether the collection of information is necessary for the agency to properly perform its functions; (b) whether the burden estimates are accurate; (c) whether there are ways to minimize the burden, including through the use of automated techniques or other forms of information technology; and (d) whether there are ways to enhance the quality, utility, and clarity of the information. Summary of Information Collections (1) Title: SBIC Financial Reports. Description of Respondents: SBIC participants. Form Number: 468.1, 468.2, 468.3 and 468.4. Estimated Annual Responses: 1,050. Estimated Annual Hour Burden: 26,700. Curtis B. Rich, Management Analyst. [FR Doc. 2014–06796 Filed 3–26–14; 8:45 am] BILLING CODE 8025–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2006–25755] Operating Limitations At New York Laguardia Airport Federal Aviation Administration (FAA), DOT. ACTION: Notice of Extension to Order. AGENCY: This action amends the Order Limiting Operations at New York LaGuardia Airport (LGA) that published on December 27, 2006, and was amended on November 8, 2007, August 19, 2008, October 7, 2009, April 4, 2011, May 23, 2012, and May 14, 2013. 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 29, 2016. DATES: This amendment is effective on March 27, 2014. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this Order contact: Susan Pfingstler, System Operations Services, Air Traffic Organization, Federal Aviation Administration, 600 Independence Avenue SW., Washington, DC 20591; telephone (202) 385–7661; fax (202) 385–7433; email susan.pfingstler@ faa.gov. For legal questions concerning this Order contact: Robert Hawks, Office of SUMMARY: E:\FR\FM\27MRN1.SGM 27MRN1 Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices 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 (http:// www.regulations.gov); (2) Visiting the FAA’s Regulations and Policies Web page at http:// www.faa.gov/regulations_policies/; or (3) Accessing the Government Printing Office’s Web page at http:// www.gpoaccess.gov/fr/index.html. 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 tkelley on DSK3SPTVN1PROD with NOTICES Due to LGA’s limited runway capacity, the airport cannot accommodate the number of flights that airlines and others would like to operate without causing significant congestion. The FAA has long limited the number of arrivals and departures at LGA during peak demand periods through the implementation of the High Density Rule (HDR).1 By statute enacted in April 2000, the HDR’s applicability to LGA operations terminated as of January 1, 2007.2 In anticipation of the HDR’s expiration, the FAA proposed a longterm rule that would limit the number of scheduled and unscheduled operations at LGA.3 The FAA issued an Order on December 27, 2006, adopting temporary limits pending the completion of the rulemaking.4 This Order was amended on November 8, 2007, and August 19, 2008.5 On October 10, 2008, the FAA published the 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 71 FR 51360 (August 29, 2006); Docket FAA– 2006–25709. The FAA subsequently published a Supplemental Notice of Proposed Rulemaking. 73 FR 20846 (Apr. 17, 2008). 4 71 FR 77854. 5 72 FR 63224; 73 FR 48428. VerDate Mar<15>2010 18:40 Mar 26, 2014 Jkt 232001 Congestion Management Rule for LaGuardia Airport, which would have become effective on December 9, 2008.6 That rule was stayed by the U.S. Court of Appeals for the District of Columbia Circuit and subsequently rescinded by the FAA.7 The FAA further extended the December 27, 2006, Order placing temporary limits on operations at LGA, as amended, on October 7, 2009,8 on April 4, 2011,9 and on May 14, 2013.10 Under the Order, as amended, the FAA (1) maintains the current hourly limits on scheduled (71) and unscheduled (three) operations at LGA 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) provides for a lottery to reallocate 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 LGA and at other airports throughout the National Airspace System (NAS). The FAA is engaged in an effort to implement a long-term rule at LGA, John F. Kennedy International Airport (JFK), and Newark Liberty International Airport (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 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 29, 2016. This expiration date coincides with the expiration dates for the Orders limiting scheduled operations at JFK and EWR, as also amended by notices in today’s Federal Register. No amendments other than the expiration date have been made to this Order. 6 73 FR 60574, amended by 73 FR 66517 (Nov. 10, 2008). 7 74 FR 52132 (Oct. 9, 2009). 8 74 FR 51653. 9 76 FR 18616, amended by 77 FR 30585 (May 23, 2012). 10 78 FR 28278. PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 17223 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 In consideration of the foregoing, the Order, as amended, is recited below in its entirety: A. Scheduled Operations With respect to scheduled operations at LaGuardia: 1. The final Order governs scheduled arrivals and departures at LaGuardia from 6 a.m. through 9:59 p.m., Eastern Time, Monday through Friday and from 12 noon through 9:59 p.m., Eastern Time, Sunday. Seventy-one (71) Operating Authorizations are available per hour and will be assigned by the FAA on a 30-minute basis. The FAA will permit additional, existing operations above this threshold; however, the FAA will retire Operating Authorizations that are surrendered to the FAA, withdrawn for non-use, or unassigned during each affected hour until the number of Operating Authorizations in that hour reaches seventy-one (71). 2. The final Order takes effect on January 1, 2007, and will expire 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 29, 2016. 3. The FAA will assign operating authority to conduct an arrival or a departure at LaGuardia during the affected hours to the air carrier that holds equivalent slot or slot exemption authority under the High Density Rule of FAA slot exemption rules as of January 1, 2007; to the primary marketing air carrier in the case of AIR– 21 small hub/nonhub airport slot exemptions; or to the air carrier operating the flights as of January 1, 2007, in the case of a slot held by a non carrier. The FAA will not assign operating authority under the final Order to any person or entity other than a certificated U.S. or foreign air carrier with appropriate economic authority under 14 CFR part 121, 129 or 135. The Chief Counsel of the FAA will be the final decision maker regarding the initial assignment of Operating Authorizations. 4. For administrative tracking purposes only, the FAA will assign an identification number to each Operating Authorization. E:\FR\FM\27MRN1.SGM 27MRN1 tkelley on DSK3SPTVN1PROD with NOTICES 17224 Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices 5. An air carrier may lease or trade an Operating Authorization to another carrier for any consideration, not to exceed the duration of the Order. 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 7AWASlotadmin@faa.gov, and must come from a designated representative of each carrier. The FAA must confirm and approve these transactions in writing prior to the effective date of the transaction. However, the FAA will approve transfers between carriers under the same marketing control up to 5 business days after the actual operation. This post-transfer approval is limited to accommodate operational disruptions that occur on the same day of the scheduled operation. 6. Each air carrier holding an Operating Authorization must forward in writing to the FAA Slot Administration Office a list of all Operating Authorizations held by the carrier along with a listing of the Operating Authorizations actually operated for each day of the two-month reporting period within 14 days after the last day of the two-month reporting period beginning January 1 and every two months thereafter. Any Operating Authorization not used at least 80 percent of the time over a two-month period will be withdrawn by the FAA except: A. The FAA will treat as used any Operating Authorization held by an air carrier on Thanksgiving Day, the Friday following Thanksgiving Day, and the period from December 24 through the first Saturday in January. B. The FAA will treat as used any Operating Authorization obtained by an air carrier through a lottery under paragraph 7 for the first 120 days after allocation in the lottery. C. The Administrator of the FAA may waive the 80 percent usage requirement in the event of a highly unusual and unpredictable condition which is beyond the control of the air carrier and which affects carrier operations for a period of five consecutive days or more. 7. In the event that Operating Authorizations are withdrawn for nonuse, surrendered to the FAA or are unassigned, the FAA will determine whether any of the available Operating Authorizations should be reallocated. If so, the FAA will conduct a lottery using the provisions specified under 14 CFR 93.225. The FAA may retime an Operating Authorization prior to reallocation in order to address operational needs. When the final Order expires, any Operating Authorizations reassigned under this paragraph, except VerDate Mar<15>2010 18:40 Mar 26, 2014 Jkt 232001 those assigned to new entrants or limited incumbents, will revert to the FAA for reallocation according to the reallocation mechanism prescribed in the final rule that succeeds the final Order. 8. If the FAA determines that a reduction in the number of allocated Operating Authorizations is required to meet operational needs, such as reduced airport capacity, the FAA will conduct a weighted lottery to withdraw Operating Authorizations to meet a reduced hourly or half-hourly limit for scheduled operations. The FAA will provide at least 45 days’ notice unless otherwise required by operational needs. Any Operating Authorization that is withdrawn or temporarily suspended will, if reallocated, be reallocated to the air carrier from which it was taken, provided that the air carrier continues to operate scheduled service at LaGuardia. 9. The FAA will enforce the final Order through an enforcement action seeking a civil penalty under 49 U.S.C. 46301(a). An air carrier that is not a small business as defined in the Small Business Act, 15 U.S.C. 632, would be liable for a civil penalty of up to $25,000 for every day that it violates the limits set forth in the final Order. An air carrier that is a small business as defined in the Small Business Act would be liable for a civil penalty of up to $10,000 for every day that it violates the limits set forth in the final Order. The FAA also could file a civil action in U.S. District Court, under 49 U.S.C. 46106, 46107, seeking to enjoin any air carrier from violating the terms of the final Order. B. Unscheduled Operations: 11 With respect to unscheduled flight operations at LaGuardia, the FAA adopts the following: 1. The final order applies to all operators of unscheduled flights, except helicopter operations, at LaGuardia from 6 a.m. through 9:59 p.m., Eastern Time, Monday through Friday and from 12 noon through 9:59 p.m., Eastern Time, Sunday. 2. The final Order takes effect on January 1, 2007, and will expire when 11 Unscheduled operations are operations other than those regularly conducted by an air carrier between LaGuardia and another service point. Unscheduled operations include general aviation, public aircraft, military, charter, ferry, and positioning flights. Helicopter operations are excluded from the reservation requirement. Reservations for unscheduled flights operating under visual flight rules (VFR) are granted when the aircraft receives clearance from air traffic control to land or depart LaGuardia. Reservations for unscheduled VFR flights are not included in the limits for unscheduled operators. PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 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 29, 2016. 3. No person can operate an aircraft other than a helicopter to or from LaGuardia unless the operator has received, for that unscheduled operation, a reservation that is assigned by the David J. Hurley Air Traffic Control System Command Center’s Airport Reservation Office (ARO). Additional information on procedures for obtaining a reservation will be available via the Internet at http:// www.fly.faa.gov/ecvrs. 4. Three (3) reservations are available per hour for unscheduled operations at LaGuardia. The ARO will assign reservations on a 30-minute basis. 5. The ARO receives and processes all reservation requests. Reservations are assigned on a ‘‘first-come, first-served’’ basis, determined as of the time that the ARO receives the request. A cancellation of any reservation that will not be used as assigned 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 http:// 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. E:\FR\FM\27MRN1.SGM 27MRN1 Federal Register / Vol. 79, No. 59 / Thursday, March 27, 2014 / Notices Issued in Washington, DC on March 21, 2014. Marc L. Warren, Acting Chief Counsel. [FR Doc. 2014–06659 Filed 3–26–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Schedule Information Submission Deadline for O’Hare International Airport, San Francisco International Airport, John F. Kennedy International Airport, and Newark Liberty International Airport for the Winter 2014–2015 Scheduling Season Federal Aviation Administration (FAA), Department of Transportation. ACTION: Notice of submission deadline. AGENCY: Under this notice, the FAA announces the submission deadline of May 8, 2014, for Winter 2014–2015 flight schedules at Chicago’s O’Hare International Airport (ORD), San Francisco International Airport (SFO), 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 Slot Guidelines. The deadline coincides with the schedule submission deadline for the IATA Slot Conference for the Winter 2014–2015 scheduling season. DATES: Schedules must be submitted no later than May 8, 2014. 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; by facsimile to: 202–267–7277; or by email 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; email: rob.hawks@faa.gov. SUPPLEMENTARY INFORMATION: The FAA has designated ORD as an IATA Level 2 airport, SFO as a Level 2 airport, JFK as a Level 3 airport, and EWR as a Level 3 airport. Scheduled operations at JFK and EWR are currently limited by FAA Orders until a final Congestion Management Rule for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport (RIN 2120–AJ89) tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:40 Mar 26, 2014 Jkt 232001 becomes effective but not later than October 29, 2016.1 The FAA is primarily concerned about planned passenger and cargo operations during peak hours, but carriers may submit schedule plans for the entire day. At ORD, the peak hours are 0700 to 2100 Central Time (1300 to 0300 UTC), at SFO from 0600 to 2300 Pacific Time (1400 to 0700 UTC), and at EWR and JFK from 0600 to 2300 Eastern Time (1100 to 0400 UTC). Carriers should submit schedule information in sufficient detail including, at minimum, the operating carrier, flight number, scheduled time of arrival or departure, frequency, and effective dates. IATA standard schedule information format and data elements (Standard Schedules Information Manual or SSIM) may be used. The U.S. winter scheduling season for these airports is from October 26, 2014, through March 28, 2015, in recognition of the IATA northern winter period. The FAA understands there may be differences in schedule times due to different U.S. daylight saving time dates, and the FAA will accommodate these differences to the extent possible. Issued in Washington, DC, on March 24, 2014. Mark W. Bury, Assistant Chief Counsel for International Law, Legislation, and Regulations. [FR Doc. 2014–06797 Filed 3–26–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Re-Evaluation With Respect to the Willits Bypass Project, Willits, CA, and the Construction of the Schmidbauer Driveway Federal Highway Administration (FHWA), DOT. ACTION: Notice. AGENCY: This notice announces that Federal actions taken by the California Department of Transportation (Caltrans) pursuant to its assigned responsibilities under 23 U.S.C. 327 are final within the meaning of 23 U.S.C. 139(l)(1). FHWA, on behalf of Caltrans, is issuing this notice to announce that, with respect to the State Route 101 Willits Bypass Project in Willits (Mendocino County), California, a Re-evaluation was prepared SUMMARY: 1 Operating Limitations at John F. Kennedy International Airport, 73 FR 3510 (Jan. 18, 2008) as amended by publication in today’s Federal Register; Operating Limitations at Newark Liberty International Airport, 73 FR 29550 (May 21, 2008) as amended by publication in today’s Federal Register. PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 17225 in order to determine whether the existing Final Environmental Impact Statement (FEIS) is still valid. Based upon the analyses contained in the Reevaluation, Caltrans has made the determination that the existing FEIS is still valid and the preparation of a SEIS is not warranted and will therefore not be undertaken. SUPPLEMENTARY INFORMATION: Caltrans conducted a Re-evaluation of the Final Environmental Impact Statement (FEIS) issued by FHWA in October 2006 (a Record of Decision for which was posted in the Federal Register in January 2007). The Re-evaluation was completed in March 2014. Due to the construction of the Haehl Creek Interchange and the Willits Bypass project, the existing access route to the Schmidbauer parcel and residence from the north that crosses through State of California access controlled right of way, cannot continue to be used. Caltrans is proposing to re-construct a new driveway segment that will provide access to the Schmidbauer parcel and residence from the Willits Bypass Haehl Creek interchange through an existing access opening. The purpose of the Re-evaluation was to examine potential environmental impacts resulting from the proposed changes to the Willits Bypass Project and in order to determine whether the FEIS was still valid or whether a SEIS should be prepared in accordance with 40 CFR 1502.9(c). Based upon the Reevaluation, Caltrans made the determination that preparation of a SEIS was not warranted and would not be undertaken (Caltrans made the determination in March 2014). A claim seeking judicial review of the March 2014 Federal agency determination to not undertake a SEIS will be barred if the claim is not filed within 150 days of the initial publication of this notice in the Federal Register. Copies of the Re-evaluation is available for review by appointment only at the following locations. Please call to make arrangements for viewing: Caltrans, District 3 Office, 703 B Street, Marysville, CA 95901, 530–741– 4393, and Caltrans, District 3 Office, 2379 Gateway Oaks Drive, #150, Sacramento, CA, 916–274–0586. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) FOR FURTHER INFORMATION CONTACT: Webb, Supervisory Environmental Planner, California Department of E:\FR\FM\27MRN1.SGM 27MRN1 John

Agencies

[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Notices]
[Pages 17222-17225]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06659]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2006-25755]


Operating Limitations At New York Laguardia 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 New York 
LaGuardia Airport (LGA) that published on December 27, 2006, and was 
amended on November 8, 2007, August 19, 2008, October 7, 2009, April 4, 
2011, May 23, 2012, and May 14, 2013. 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 29, 
2016.

DATES: This amendment is effective on March 27, 2014.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this Order contact: Susan Pfingstler, System Operations Services, Air 
Traffic Organization, Federal Aviation Administration, 600 Independence 
Avenue SW., Washington, DC 20591; telephone (202) 385-7661; fax (202) 
385-7433; email susan.pfingstler@faa.gov.
    For legal questions concerning this Order contact: Robert Hawks, 
Office of

[[Page 17223]]

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 (http://www.regulations.gov);
    (2) Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
    (3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    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

    Due to LGA's limited runway capacity, the airport cannot 
accommodate the number of flights that airlines and others would like 
to operate without causing significant congestion. The FAA has long 
limited the number of arrivals and departures at LGA during peak demand 
periods through the implementation of the High Density Rule (HDR).\1\ 
By statute enacted in April 2000, the HDR's applicability to LGA 
operations terminated as of January 1, 2007.\2\
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    \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).
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    In anticipation of the HDR's expiration, the FAA proposed a long-
term rule that would limit the number of scheduled and unscheduled 
operations at LGA.\3\ The FAA issued an Order on December 27, 2006, 
adopting temporary limits pending the completion of the rulemaking.\4\ 
This Order was amended on November 8, 2007, and August 19, 2008.\5\ On 
October 10, 2008, the FAA published the Congestion Management Rule for 
LaGuardia Airport, which would have become effective on December 9, 
2008.\6\ That rule was stayed by the U.S. Court of Appeals for the 
District of Columbia Circuit and subsequently rescinded by the FAA.\7\ 
The FAA further extended the December 27, 2006, Order placing temporary 
limits on operations at LGA, as amended, on October 7, 2009,\8\ on 
April 4, 2011,\9\ and on May 14, 2013.\10\
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    \3\ 71 FR 51360 (August 29, 2006); Docket FAA-2006-25709. The 
FAA subsequently published a Supplemental Notice of Proposed 
Rulemaking. 73 FR 20846 (Apr. 17, 2008).
    \4\ 71 FR 77854.
    \5\ 72 FR 63224; 73 FR 48428.
    \6\ 73 FR 60574, amended by 73 FR 66517 (Nov. 10, 2008).
    \7\ 74 FR 52132 (Oct. 9, 2009).
    \8\ 74 FR 51653.
    \9\ 76 FR 18616, amended by 77 FR 30585 (May 23, 2012).
    \10\ 78 FR 28278.
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    Under the Order, as amended, the FAA (1) maintains the current 
hourly limits on scheduled (71) and unscheduled (three) operations at 
LGA 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) provides for a lottery to reallocate 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 LGA and 
at other airports throughout the National Airspace System (NAS).
    The FAA is engaged in an effort to implement a long-term rule at 
LGA, John F. Kennedy International Airport (JFK), and Newark Liberty 
International Airport (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 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 29, 2016. This expiration date 
coincides with the expiration dates for the Orders limiting scheduled 
operations at JFK and EWR, 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

    In consideration of the foregoing, the Order, as amended, is 
recited below in its entirety:

A. Scheduled Operations

    With respect to scheduled operations at LaGuardia:
    1. The final Order governs scheduled arrivals and departures at 
LaGuardia from 6 a.m. through 9:59 p.m., Eastern Time, Monday through 
Friday and from 12 noon through 9:59 p.m., Eastern Time, Sunday. 
Seventy-one (71) Operating Authorizations are available per hour and 
will be assigned by the FAA on a 30-minute basis. The FAA will permit 
additional, existing operations above this threshold; however, the FAA 
will retire Operating Authorizations that are surrendered to the FAA, 
withdrawn for non-use, or unassigned during each affected hour until 
the number of Operating Authorizations in that hour reaches seventy-one 
(71).
    2. The final Order takes effect on January 1, 2007, and will expire 
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 29, 
2016.
    3. The FAA will assign operating authority to conduct an arrival or 
a departure at LaGuardia during the affected hours to the air carrier 
that holds equivalent slot or slot exemption authority under the High 
Density Rule of FAA slot exemption rules as of January 1, 2007; to the 
primary marketing air carrier in the case of AIR-21 small hub/nonhub 
airport slot exemptions; or to the air carrier operating the flights as 
of January 1, 2007, in the case of a slot held by a non carrier. The 
FAA will not assign operating authority under the final Order to any 
person or entity other than a certificated U.S. or foreign air carrier 
with appropriate economic authority under 14 CFR part 121, 129 or 135. 
The Chief Counsel of the FAA will be the final decision maker regarding 
the initial assignment of Operating Authorizations.
    4. For administrative tracking purposes only, the FAA will assign 
an identification number to each Operating Authorization.

[[Page 17224]]

    5. An air carrier may lease or trade an Operating Authorization to 
another carrier for any consideration, not to exceed the duration of 
the Order. 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-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. However, the FAA will approve transfers between 
carriers under the same marketing control up to 5 business days after 
the actual operation. This post-transfer approval is limited to 
accommodate operational disruptions that occur on the same day of the 
scheduled operation.
    6. Each air carrier holding an Operating Authorization must forward 
in writing to the FAA Slot Administration Office a list of all 
Operating Authorizations held by the carrier along with a listing of 
the Operating Authorizations actually operated for each day of the two-
month reporting period within 14 days after the last day of the two-
month reporting period beginning January 1 and every two months 
thereafter. Any Operating Authorization not used at least 80 percent of 
the time over a two-month period will be withdrawn by the FAA except:
    A. The FAA will treat as used any Operating Authorization held by 
an air carrier on Thanksgiving Day, the Friday following Thanksgiving 
Day, and the period from December 24 through the first Saturday in 
January.
    B. The FAA will treat as used any Operating Authorization obtained 
by an air carrier through a lottery under paragraph 7 for the first 120 
days after allocation in the lottery.
    C. The Administrator of the FAA may waive the 80 percent usage 
requirement in the event of a highly unusual and unpredictable 
condition which is beyond the control of the air carrier and which 
affects carrier operations for a period of five consecutive days or 
more.
    7. In the event that Operating Authorizations are withdrawn for 
nonuse, surrendered to the FAA or are unassigned, the FAA will 
determine whether any of the available Operating Authorizations should 
be reallocated. If so, the FAA will conduct a lottery using the 
provisions specified under 14 CFR 93.225. The FAA may retime an 
Operating Authorization prior to reallocation in order to address 
operational needs. When the final Order expires, any Operating 
Authorizations reassigned under this paragraph, except those assigned 
to new entrants or limited incumbents, will revert to the FAA for 
reallocation according to the reallocation mechanism prescribed in the 
final rule that succeeds the final Order.
    8. If the FAA determines that a reduction in the number of 
allocated Operating Authorizations is required to meet operational 
needs, such as reduced airport capacity, the FAA will conduct a 
weighted lottery to withdraw Operating Authorizations to meet a reduced 
hourly or half-hourly limit for scheduled operations. The FAA will 
provide at least 45 days' notice unless otherwise required by 
operational needs. Any Operating Authorization that is withdrawn or 
temporarily suspended will, if reallocated, be reallocated to the air 
carrier from which it was taken, provided that the air carrier 
continues to operate scheduled service at LaGuardia.
    9. The FAA will enforce the final Order through an enforcement 
action seeking a civil penalty under 49 U.S.C. 46301(a). An air carrier 
that is not a small business as defined in the Small Business Act, 15 
U.S.C. 632, would be liable for a civil penalty of up to $25,000 for 
every day that it violates the limits set forth in the final Order. An 
air carrier that is a small business as defined in the Small Business 
Act would be liable for a civil penalty of up to $10,000 for every day 
that it violates the limits set forth in the final Order. The FAA also 
could file a civil action in U.S. District Court, under 49 U.S.C. 
46106, 46107, seeking to enjoin any air carrier from violating the 
terms of the final Order.

B. Unscheduled Operations: \11\
---------------------------------------------------------------------------

    \11\ Unscheduled operations are operations other than those 
regularly conducted by an air carrier between LaGuardia and another 
service point. Unscheduled operations include general aviation, 
public aircraft, military, charter, ferry, and positioning flights. 
Helicopter operations are excluded from the reservation requirement. 
Reservations for unscheduled flights operating under visual flight 
rules (VFR) are granted when the aircraft receives clearance from 
air traffic control to land or depart LaGuardia. Reservations for 
unscheduled VFR flights are not included in the limits for 
unscheduled operators.
---------------------------------------------------------------------------

    With respect to unscheduled flight operations at LaGuardia, the FAA 
adopts the following:
    1. The final order applies to all operators of unscheduled flights, 
except helicopter operations, at LaGuardia from 6 a.m. through 9:59 
p.m., Eastern Time, Monday through Friday and from 12 noon through 9:59 
p.m., Eastern Time, Sunday.
    2. The final Order takes effect on January 1, 2007, and will expire 
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 29, 
2016.
    3. No person can operate an aircraft other than a helicopter to or 
from LaGuardia unless the operator has received, for that unscheduled 
operation, a reservation that is assigned by the David J. Hurley Air 
Traffic Control System Command Center's Airport Reservation Office 
(ARO). Additional information on procedures for obtaining a reservation 
will be available via the Internet at http://www.fly.faa.gov/ecvrs.
    4. Three (3) reservations are available per hour for unscheduled 
operations at LaGuardia. The ARO will assign reservations on a 30-
minute basis.
    5. The ARO receives and processes all reservation requests. 
Reservations are assigned on a ``first-come, first-served'' basis, 
determined as of the time that the ARO receives the request. A 
cancellation of any reservation that will not be used as assigned 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 http://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.


[[Page 17225]]


    Issued in Washington, DC on March 21, 2014.
Marc L. Warren,
Acting Chief Counsel.
[FR Doc. 2014-06659 Filed 3-26-14; 8:45 am]
BILLING CODE 4910-13-P